Articles Tagged With: liability
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Avoid Patient Abandonment Claims with Education, Follow-up
Patient abandonment claims can arise when a physician or hospital can no longer care for a patient or when there is insufficient follow-up. The risk can be ameliorated with proper procedures and communication.
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Appeals Court Dismisses Wrongful Death Lawsuit for Failure to Timely File Claim
This case is a fine example of the Government Claims Act and its application to public entities, including public health systems.
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Medical Center May Have Coverage for Suit Alleging Treatment from Unlicensed Physicians
There are two lessons from this case. First, while it is incumbent upon each physician to regularly secure, maintain, and update appropriate medical licensure, it also is important healthcare companies employing physicians maintain their own checks and balances to ensure that all licensure for its working physicians is up to date.
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Reduce Risk When Patients Leave AMA
Patients leaving against medical advice (AMA) put themselves and the hospital at risk. The patient may suffer harm from forgoing needed care, and the hospital may be held liable for that harm. Discouraging patients from leaving AMA can be difficult, leaving the facility to depend on documenting its efforts to provide care.
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Ohio Court Revives Allergic Reaction Malpractice Suit
Before considering the statute of limitations aspects of this case, a healthcare professional should be cognizant of both the potential direct and indirect liability for failure to review and consider a patient’s medical history. Patient allergies are a crucial aspect of history-gathering since this may bring potentially life-threatening consequences.
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Appeals Court Upholds Decision Finding Chiropractor Not Liable for Patient’s Death
This case shows the importance of enlisting a properly qualified expert witness. When a plaintiff files a medical negligence claim, he or she must provide expert testimony to prove not only was the defendant negligent, but also the defendant’s negligence caused the plaintiff’s injury.
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Pandemic-Delayed Lawsuits Are Coming to Court
The COVID-19 pandemic paused the usual flow of medical malpractice lawsuits, but it appears that is ending. Hospitals and clinicians are seeing more filings, which could put unusual pressure on risk managers, defense counsel, and insurers.
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Several Groups ‘Deeply Concerned’ About AHRQ’s ED Diagnostics Report
Frontline providers take issue with references cited and data interpretation, among other problems.
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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.