Healthcare Risk Management – January 1, 2023
January 1, 2023
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CommonSpirit Ransomware Attack Holds Lessons for Cybersecurity
A ransomware attack on a large health system forced it to shut down electronic health records and cancel appointments — and there are indications it may have threatened patient safety. Hackers might have exploited weaknesses that resulted from a series of mergers and acquisitions.
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Paying Ransom Is a Loser’s Game
Healthcare organizations have paid ransom to regain access to their computer systems, but that is a bad move, experts say.
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Three Steps to Better Cybersecurity
Healthcare organizations that are reactive rather than proactive with cybersecurity are especially vulnerable to ransomware attacks. Staying proactive is about much more than developing and implementing an incident response to comply with HIPAA.
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Fire Safety Requires Ongoing Training, Hands-On Practice
Fire safety is a major concern in healthcare facilities, but the most effective programs include constant education and training that expose staff to the conditions they might face in an emergency.
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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.