Compliance
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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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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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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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Former NFL Running Back Awarded $28.5 Million in Medical Malpractice Case
In this matter, the principal issue related to the physician’s failure to evaluate, diagnose, and treat the patient’s talus bone and cartilage condition. The plaintiff argued the physician delayed and/or misdiagnosed his condition and provided improper treatment, resulting in permanent damage. Unfortunately, misdiagnosis and delay in diagnosis of orthopedic conditions are common forms of medical malpractice.
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Reduce Workers’ Comp Liability with Lift Policies, Technology
Workers’ compensation poses a significant liability risk and expense for any company — and healthcare employers face exposures unique to their industry. Technological solutions may help. Overexertion, often due to patient handling, is a common injury for healthcare employees, leading to sprains and strains of the back or shoulder.
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Remember the Basics of Good Documentation
Proper documentation requires adhering to the basic goals of fully and accurately recording the patient encounter. Depending on the circumstances, chart notes should include a brief social narrative of relevant historical data, an explanation of the reason for the encounter, subjective complaints and observations reported by the patient, objective findings on physical examination by the clinicians, a diagnosis, treatment plan, and follow-up instructions for post-discharge care.
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Improve Documentation for Compliance, Med/Mal Defense
Good documentation is the foundation of any solid malpractice defense and proper continuity of care argument, so risk managers constantly urge clinicians to make meticulous notes. But there are many ways in which documentation can fall short. Frequent education and adjustment to technological changes can be key to making good documentation.
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Not a Simple Conversation: Understand Depositions and How to Prepare
It is likely any healthcare litigation will include depositions in which clinicians and administrators are asked questions under oath. The information provided can be critical to the outcome of the case. Depositions can be stressful and difficult for people not accustomed to them. Risk managers can help by preparing participants for this experience.
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Online Collaboration Platforms Create HIPAA Exposures
Business communications are rapidly and dramatically moving from email to various collaboration platforms like Slack, Workplace by Meta, and Microsoft Teams. PHI can easily end up stored as part of collaboration data — a relatively new data set that is uniquely different from other electronic channels because of its fragmented and nuanced nature.
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Proper Disposal of PHI Required, Often Overlooked
The Office for Civil Rights announced a settlement with a Massachusetts dermatology clinic regarding the improper disposal of PHI, which serves as a reminder HIPAA compliance is not only about protecting data from hackers. Covered entities also are responsible for disposing of PHI appropriately.