Healthcare Risk Management – March 1, 2023
March 1, 2023
View Issues
-
ED Physicians Dispute Claims of High Diagnostic Error Rates
Investigators from AHRQ estimated more than 7 million people may be inaccurately diagnosed in hospital EDs every year, prompting concerns about patient safety and the potential for liability. However, emergency physicians are sharply critical of the report. They say some of the conclusions are based on faulty interpretations of data.
-
Avoid Common Mistakes in Malpractice Cases
Handling an allegation of medical malpractice is never easy, but the experience and eventual outcome can be greatly improved by avoiding some of the most common mistakes. One of the biggest mistakes is altering a record after the fact.
-
Time to Review Non-Physician Policies from Pandemic
Pandemic-era rules allowing relaxed licensing and supervision requirements for non-physicians are undergoing revisions, which means healthcare employers may need to review their policies. For example, in 2022, CMS ended its blanket waivers and reinstated federal physician supervision requirements and other restrictions for some facilities.
-
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.
-
Researchers Help Identify High-Risk AMA Patients, Solutions
Researchers recently studied the underlying causes of patients leaving AMA, finding certain populations are at higher risk. The team also identified possible ways to reduce AMA rates.
-
Whistleblowers Not Needed for False Claims Act Enforcement
The federal government can detect False Claims Act violations without alert from a whistleblower, a development that could lead to a greater risk of investigations for healthcare organizations. The government is using its own sophisticated data analytics to identify potential False Claims Act cases.
-
Malpractice Lawsuits Allege Wrongful Prolongation of Life
The top problems in these cases are charting and communication among caregivers.
-
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.
-
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.
-
Tracking Software Can Lead to HIPAA Violations
The HHS Office for Civil Rights has released a bulletin warning the use of website tracking technologies could result in HIPAA violations. Covered entities need to review their use of these tracking technologies and make necessary improvements.
-
OCR Strengthens Confidentiality of Substance Use Disorder Patient Records
The Office for Civil Rights and the Substance Abuse and Mental Health Services Administration recently announced proposed changes to the Confidentiality of Substance Use Disorder Patient Records under 42 CFR Part 2, which could affect HIPAA compliance programs.