Healthcare Risk Management – August 1, 2012
August 1, 2012
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Warning! ‘Loss of chance’ theory becoming a growing threat in malpractice
Loss of chance, which is arguing what might have been if medical treatment or diagnosis had taken place earlier or been properly carried out, has been an available legal tactic for plaintiffs for decades; however, it was a relatively dormant legal theory in past years because courts limited how and when it could be used. Now it is becoming popular with plaintiffs attorneys again, and some defense attorneys say it is even more threatening now. -
Defending loss of chance can be a true challenge
Arguments over loss of chance often come down to a battle of the experts regarding how much difference the alleged malpractice made in the outcome, says Jacqueline M. Carolan, JD, partner with the law firm of Fox Rothschild in Philadelphia. -
Guidelines offer steps for disclosure
New guidelines available from the American Health Lawyers Association (AHLA) codify the many issues to discuss and decisions to make when a healthcare facility is considering disclosure of a serious clinical adverse event (SCAE). -
Guide provides questions, but answers are up to you
These are excerpts from Considerations in the Disclosure of Serious Clinical Adverse Events (SCAEs), published recently by the American Health Lawyers Association and available at http://tinyurl.com/6wzvbsg: -
Lead clinicians should know AHLA disclosure guidelines
The American Health Lawyers Association (AHLA) guidelines on disclosure of serious adverse clinical events (SACEs) are an excellent compendium of all the issues that should be raised, says Ellen L. Janos, JD, an attorney with the law firm of Mintz Levin in Boston who often has helped hospitals make decisions regarding disclosure of adverse events. -
Resources to report adverse events
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Hospital cuts med errors 30%, falls 88% with TeamSTEPPS
Butler County Health Care Center (BCHCC) in David City, NE, is small 25 beds serving a rural community of 2,500 but the administrators think big. Using a program that enhances teamwork, the hospital has reduced medication errors that reach the patient by 30% and patient falls by 88%. -
TeamSTEPPS encourages teamwork, communication
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Creative ideas keep staff on TeamSTEPPS
Butler County Health Care Center (BCHCC) in David City, NE, has an enthusiastic team of master trainers who provide training and coaching in the Team Strategies and Tools to Enhance Performance and Patient Safety (TeamSTEPPS) program offered by the Agency for Healthcare Research and Quality, which improves communication teamwork. -
Information exchanges bring new risks to hospitals
States such as Maine, New York, Texas, Florida, California, and Michigan are setting up health information exchanges (HIEs), which are computer networks connecting disparate medical practices to help doctors share patient files online. Other states soon will follow. But have you considered the potential risks associated with these new avenues of data sharing? -
Opt-in can help protect hospital from HIE risks
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EHRs may reduce claims by improving safety, quality
Malpractice claims dipped dramatically among Massachusetts physicians after they began using electronic health records (EHRs), according to new research, although its not clear whether the record-keeping was connected to the decline in claims. -
Hospital pays $9 million for False Claims Act allegations
Overlook Medical Center in Summit, NJ, and its parent companies have agreed to pay the United States $9 million to settle allegations that they violated the False Claims Act, the Justice Department announced recently. -
TJC releases tool to address miscommunication in healthcare
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Legal Review & Commentary: Medication error case settles for $8.25 million prior to trial
News: A baby boy, born prematurely at 24 weeks, and weighing less than 2 pounds, was in the hospitals neonatal intensive care unit. -
Legal Review & Commentary: Settlement for failure to timely perform C-section following drop in fetal heart rate
News: A 32-year-old pregnant woman presented to the hospital on Aug. 14, 2005, due to onset of labor. At 9:30 a.m., the fetal heart rate monitor showed a dangerous drop in the babys heart rate from 140 beats per minute to 60 beats per minute.