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Providing Legal Cannabis Can Bring Potential Liability
Physicians who recommend medical cannabis, and their affiliated hospitals or clinics, should be aware of potential legal risks, even when state law allows medical use. Federal law prohibits physicians from prescribing cannabis, even in states that allow its use. To enable the use of cannabis for medical reasons, some states use terms such as “recommendation” or “certification” as opposed to a prescription from a physician.
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Watch for Emerging Threats and Risks in 2023
Over the coming year, risk managers can benefit by watching recent trends in telehealth, labor shortages, and data breaches.
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Malpractice Outcome Hinges on ‘Reasonableness’ of Wait Time
To prevail in malpractice litigation involving a leave without being seen patient, the patient must prove the ED’s failure to treat him or her within the time frame of the visit violated the standard of care. Also, the attorney must prove his or her client suffered harm as a result of that violation.
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Florida Jury Awards $68 Million to Patient in Sodium Spike Case
Providers should understand a patient’s chart should be thoroughly and completely reviewed throughout treatment. In this case, it is clear on at least several occasions providers either did not notice the information in the medical record, or they did not review test results. They also failed to administer medications ordered by another practitioner.
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Appellate Court Rules Affidavit of Merit Statute Does Not Cover LPNs
One obvious lesson here is in the use of appeals. The appellate division found “[t]he AOM statute was enacted in 1995 as part of a tort reform package,” but ultimately concluded the tort reform did not extend to LPNs. While the appeal affirmed the trial court’s denial of defendant’s motion to dismiss, the opposite easily could have occurred whereby a more liberal panel could have interpreted the statute to include LPNs.
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What Will Happen to the Reproductive Healthcare Workforce?
Months after Roe v. Wade was overturned, reproductive healthcare providers and patients are experiencing enormous — and sometimes disastrous — changes. For instance, state abortion bans are expected to affect where OB/GYNs and other reproductive health clinicians choose to study and practice. These bans also will affect how and whether medical students and residents are fully educated in contraceptive care and counseling, abortion care, miscarriage care, ectopic pregnancy treatment, and high-risk pregnancy care.
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Reproductive Health Workforce May Look Different in 10 Years
The reproductive health workforce has changed considerably in the past few years. It is possible it will continue to evolve over the next decade. COVID-19 placed an incredible strain on the workforce, and it is facing a second huge strain because of the U.S. Supreme Court’s decision to overturn Roe v. Wade.
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Too Many Physicians Lack Accurate Information About Contraception
New research revealed that a significant number of physicians hold erroneous beliefs about how contraceptives work. Many believe emergency contraception causes abortions, and some doctors believe IUDs and other forms of birth control also work as abortifacients, according to a study of Wisconsin physicians’ beliefs about contraception.
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When Lawmakers Make Medical Decisions, Patients and Providers Suffer
Recent suggests a future in which doctors in abortion-ban states will have to ask how much of a threat of death is needed before they can give patients the care needed to prevent their death or serious morbidity.
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Legality and Chilling Effect of Abortion Care in Dobbs Era
In this Q&A about how state abortion bans are affecting women with both planned and unplanned pregnancies, Contraceptive Technology Update addresses some of the legal issues raised by state laws and bans.