Articles Tagged With: liability
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Appellate Court Affirms $5.1 Million Award for Patient’s Death After Hernia Repair Surgery
This case raises important considerations about making appropriate choices in the selection of equipment and methods for treatment, as well as the importance of retaining a qualified and persuasive expert witness in the event of litigation.
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COVID-19 Creates Multiple Risk Exposures as Hospitals Respond
Risk managers should recognize several types of potential liabilities and exposures related to the COVID-19 pandemic response. Some compliance and regulatory burdens have been eased, but risks remain.
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Hospitals Are More Appealing Defendants Than Emergency Physicians
Even in normal circumstances, it usually is easier for a plaintiff attorney to criticize a big, impersonal hospital corporation than a practicing emergency physician.
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ED Care Different During COVID-19; So Is the Legal Standard of Care
Liability for emergency department providers during the COVID-19 pandemic is different than normal times. It changes priorities somewhat. Care is geared more toward the public’s best interest, rather than doing the most good for one individual.
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Plaintiff Allegation: ‘I Should Have Been Tested’
Thousands of people have presented to emergency departments (EDs) with symptoms consistent with coronavirus. Not all have been tested for various reasons. Of those who were tested, some were discharged from the ED and never received the results. Of that group, some will die.
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States Ease Licensing and Credentialing; Use Caution
Many states have lifted some restrictions on clinician licensing in response to the COVID-19 pandemic, allowing hospitals to call on more available professionals to handle the increased patient load. Although the relaxed rules are welcomed in the face of the crisis, peer review and compliance leaders should proceed with some caution.
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Avoid Legal Pitfalls in Peer Review Process With Bylaws, HCQIA Standards
The peer review process can be a legal mine field, with missteps exposing the hospital and health system to allegations that result in significant liability. Reduce that risk by knowing the common mistakes and using best practices to keep the review above reproach.
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Hospital Sole Defendant in Some ED Malpractice Claims
Hospitals can argue that they are not liable for the emergency physician's negligence because he or she is not an employee. Yet, it is increasingly difficult for hospitals to avoid this “vicarious liability.”
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Vicarious Liability Becoming More of a Threat
With all the legal risks that hospitals face, it used to be that risk managers could be confident, at least, that vicarious liability was a pretty weak threat. In most cases, hospitals were not held liable if the physician was independent and no hospital employees were involved.
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How to Improve Safety and Reduce Liability
Patient errors in our industry are a major cause of U.S. deaths. More than 251,000 people each year come into healthcare for help, advice, and loving care, and we kill them! It is a significant challenge for staff and a facility to recover from a patient death caused by human error.