Compliance
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Legal Exposure if EMS Are Noncompliant with Stroke Guidelines
If clinicians miss a stroke diagnosis or delay care for that condition, plaintiff attorneys are going to scrutinize everything ED providers could have done differently. However, whatever problems there are or were all could have started well before the patient arrived at the facility. In fact, most patients receive prehospital stroke care from EMS that is noncompliant with American Stroke Association guidelines.
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HHS Guidance Addresses HIPAA and Emergency Protective Orders
HHS recently issued guidance about HIPAA compliance when information must be released in conjunction with an extreme risk protection order. The guidance will be useful for risk managers and compliance officers, but may present some challenges when trying to adhere to HIPAA restrictions. -
HIPAA Safe Harbor Offers Limited But Important Protection
The HR 7898 HIPAA Safe Harbor Law, enacted in 2021, created a “safe harbor” for HIPAA-covered entities and their business associates when potentially facing fines and other penalties under HIPAA. But there are nuances to the law that risk managers and compliance officers must consider. -
Appeals Court Denies Hospital’s Objection to Expert Witness Report
This case shows the importance of expert testimony in reporting the standard of care. However, the legal requirements for expert witnesses are fairly minimal. -
Appellate Court Revives Lawsuit Against Hospital for Harvesting Organs Despite Objections
This case shows the standard of review for a plaintiff’s success on a claim of intentional infliction of emotional distress against a hospital.
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Abnormal Vitals Linked to Unanticipated Death After ED Discharge
More than half of 129 patients who died unexpectedly after they were discharged from EDs exhibited abnormal vital signs at the time. Each patient had presented to an urban academic ED between 2014 and 2017, and died within seven days after they went home. -
Nurses Risk Consequences for Spreading Misinformation
Risk managers may need to counsel nursing staff on how they could expose themselves to professional consequences if they spread health misinformation online, particularly with much attention on what people post regarding COVID-19. Nurses who post misinformation could be subject to disciplinary action from their nursing boards, in addition to other results. -
Control Factors That Influence Insurance Premiums
Insurance premiums are influenced by many factors. Some factors are out of the insured healthcare organization’s control, but hospitals can earn lower premiums by showing a concerted effort to improve patient safety and lower risk. -
Handoffs Shown to Improve Patient Safety
Handoffs are a crucial moment in a patient’s care, when poor communication can lead to errors and harm. Communication errors are a top cause of sentinel events in hospitals. -
Improving Patient Handoffs Helps Reduce Malpractice Claims
Patient handoffs affect safety, although it is possible malpractice risk is a downstream effect. A large study of malpractice claims revealed a direct relationship between the quality of patient handoffs and claims.