Healthcare Risk Management – December 1, 2024
December 1, 2024
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Whistleblower Validity Challenged in False Claims Act Cases
A recent court decision in Florida marks the first time a court has found the False Claims Act’s qui tam clause unconstitutional. The decision could lead to changes in how whistleblowers pose risks to healthcare organizations.
Loper Bright Starting to Affect False Claims Cases
The Supreme Court’s landmark Loper Bright decision was expected to shake up False Claims Act (FCA) cases, and that is exactly what is happening.
Kickbacks Can Lead to Big Trouble for CEOs, Other Executives
A former Texas hospital chief executive officer has agreed to pay $5.3 million to resolve False Claims Act allegations involving illegal payments to physicians for laboratory referrals in violation of the Anti-Kickback Statute. The case holds lessons for risk managers and their top executives.
EDs Are Major Source of Diagnostic Errors
An analysis of closed medical malpractice cases from 2019 to 2023 found that 28% of all diagnostic errors took place in the emergency department, suggesting opportunities for hospitals to focus their efforts in reducing the pernicious problem.
Surgeon Who Erred with Liver Suspended in Second State
The surgeon whose license was suspended in Florida for a shocking medical error has had his license suspended in Alabama for that and other incidents.
Healthcare Organizations Often Paying $1 Million for Cyberattacks
More than a quarter of organizations have suffered a financial loss of at least $1 million from cyberattacks.
Nondisclosure Agreements Should Be Limited in Scope
Malpractice settlement agreements typically include nondisclosure agreements that require plaintiffs to keep the terms confidential, but these clauses can be seen as unfairly keeping the public and other healthcare institutions in the dark about patient safety issues.
Loss of Chance Doctrine Claims Can Be Avoided
Loss of chance can be a complicated allegation with the potential for a significant payout. Understanding how such claims arise is the first step in prevention.
Georgia Appeals Court Finds Plaintiff’s Medical Negligence Complaint Is Time-Barred
The Georgia Court of Appeals recently upheld the dismissal of a medical malpractice case, finding that the plaintiff’s claim was time-barred by Georgia’s statute of limitations.
New Jersey Court Approves Nearly $12 Million Medical Negligence Settlement
A New Jersey Superior Court recently approved a nearly $12 million medical negligence settlement to support the long-term care of a plaintiff who suffered severe brain damage during childbirth.
Reproductive Healthcare Rule Compliance Will Be Challenging
The new HIPAA Privacy Rule to Support Reproductive Healthcare Privacy will require covered entities to review and update some policies and procedures. The rule was promulgated in response to the U.S. Supreme Court’s Dobbs decision that overturned Roe v. Wade.
Computer Disposal Not Simple When PHI Involved
Disposing of an old, unneeded computer usually is as easy as chucking it in the dumpster out back or giving it away to charity. But not when it might contain protected health information.