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Hospital to Stand Trial for Botched Brain Surgery Performed with Recalled Laser
As often is the case in medical malpractice cases, defendants made a concerted effort to dismiss the case based on the insufficiency of the plaintiff’s expert report. Here, however, the court of appeals began its analysis by specifying that based on the applicable standard of review, the purpose of the plaintiffs’ expert report is to demonstrate the plaintiff is not filing a frivolous lawsuit.
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New and Proposed HIPAA Rules May Offer More Protection
New legislation and proposed rules will affect HIPAA compliance. Both actions are good news for covered entities and business associates.
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Nurse in Jeopardy for Refusing Hospital’s COVID-19 Policy on Scrubs
A Minnesota nurse refused to follow his hospital’s policy on taking scrubs home and laundering them, rather than using hospital-provided scrubs. The hospital fired the nurse, who is alleging whistleblower retaliation. Nurses at the hospital resisted the policy because they did not want to take COVID-19 home to their families.
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Understanding Emergency Use Authorization Issues with COVID-19 Vaccine
Current COVID-19 vaccines have not undergone the process for full FDA approval, but have been authorized under a streamlined process known as an emergency use authorization. Because of this, the vaccines are technically considered experimental and are subject to regulations that may affect whether employers are permitted to mandate their use by employees.
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EEOC Says Employers Can Mandate Vaccines — with Exceptions
Under certain circumstances, employers are permitted to mandate their employees to receive a COVID-19 vaccination as a condition of their employment. That position was outlined by the Equal Employment Opportunity Commission in guidance published in December 2020. However, this guidance is not without its limits.
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HIPAA Issues Can Arise with COVID-19 Vaccinations
HIPAA can become an issue if healthcare employers require proof that employees have received a COVID-19 vaccine. Under HIPAA, immunization records are protected health information.
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Vaccine Rollout Brings Legal, Labor Concerns for Employers
As the rollout of the COVID-19 vaccines continues, healthcare employers face complicated questions about what they can require of employees, how to handle employees who refuse the vaccine, and other potential legal consequences that may result in the coming months.
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Report: Record Year-Over-Year Decline in Cancer Death Rate
Fewer smokers, better detection and treatment methods credited with saving lives.
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HHS Eases Standards Regarding Opioid Addiction Care
Regulatory changes make it easier for more physicians to prescribe medication-assisted treatment.
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Quality of Life Important to ICU Patients, But Clinicians Lack Data
This underscores how clinicians must start keeping track of these outcomes to improve their ability to predict them and provide patients and families with information they want.