Healthcare Risk Management – April 1, 2021
April 1, 2021
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Telemedicine Law Changes Confusing, but Waivers Protect During Pandemic
Legislation passed in December 2020 changed some telehealth requirements for mental health services. The change has prompted concern over false claims.
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Avoid the Most Common Mistakes When Facing a Lawsuit
When a healthcare professional receives notice of a lawsuit, everything he or she does from that moment forward can affect the outcome, for better or worse. Knowing the most common mistakes to avoid can help lead to the best resolution.
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Do Not Promise Success, and Document Well
There are two things healthcare professionals can do to position themselves for a good defense in case of a malpractice lawsuit. First, do not promise patients success or even imply it. Also, be careful when creating policies and procedures.
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In 2021, Assisted Living Litigation Might Hinge on Immunity
Assisted living facilities and their affiliated hospitals and health systems are bracing for a wave of lawsuits associated with COVID-19. It remains to be seen how much immunity they can expect from laws implemented during the pandemic. Risk management for assisted living facilities should be more responsive, nimble, and organized than ever before.
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Patient Photos in Electronic Health Record Cut Wrong Order Entries by 35%
Wrong-patient order entry is a constant threat to patient safety. A team at Brigham and Women’s Hospital in Boston launched a project to add patient photos to the electronic health record. Two years later, the error rate had decreased by 35%.
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CARES Act Funds Come with Many Obligations
The Department of Health and Human Services has been distributing $175 billion to “eligible healthcare providers” on the front lines of the coronavirus response in various phases, but that money comes with many obligations. Failure to comply with all the requirements can result in substantial liability.
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Emergency Medicine Trainees More Likely Sued Than Radiology Trainees
Medical malpractice claims naming physician trainees is infrequent, and the number of lawsuits is trending downward over time, according to the authors of a study.
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Texas Appellate Court Orders Lawsuit Against Physician for Postoperative Injuries to Proceed
Once again, the focus of the court’s decision rests in the sufficiency of the expert report. Here, the appellate court studied the plaintiff’s proffered expert report and found it addressed all the deficiencies highlighted by the court during the first appeal.
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Appellate Court Upholds Judgment Against Patient Over Lack of Expert Testimony
The appellate court’s analysis in this case highlights how the application of res ipsa loquitur to medical malpractice cases still requires expert opinion. In fact, plaintiff was under the mistaken impression that because she relied on the doctrine of res ipsa loquitur — a legal theory under which “the thing speaks for itself,” meaning that an inference of negligence is supported when an injury would not have occurred if not for negligence on behalf of the person who controlled the object causing the injury — she would not need to present a declaration from an expert in support of her position.