Compliance
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Expert Witness Opinion Insufficient to Advance Medical Malpractice Suit
This case confirms how expert testimony can significantly affect — or even solely determine — the outcome of a medical malpractice case. Expert opinions are almost inevitably necessary to enable a clearer and more technical understanding of disputed issues as those pertain to required elements for a medical malpractice action. -
$3 Million Judgment for Delayed Cancer Diagnosis
This case presents lessons getting to the substantive heart of medical malpractice actions: Liability arises if a physician or care provider fails to abide by the applicable standard of care and that failure causes harm to the patient. -
Hospital Reduces Alarms in Burn Center ICU
When a team set out to address alarm fatigue at a North Carolina burn center ICU, they found success with implementing new best practices that addressed some of the most common reasons for nuisance alarms. But they also found those wins can slip when staff changes bring new people who were not trained in the updated ways and new leadership that was not there for the initial effort. -
Nursing License Complaints Must Be Taken Seriously, Avoided if Possible
A complaint filed against a nursing license can destroy a nurse’s career. It is crucial for risk managers and nurses to understand the risks and the best practices to protect against these complaints. -
Proposed Patient Safety Foundation Could Benefit Patients, Industry
A coalition of more than 50 leading healthcare organizations is calling for the creation of a National Patient Safety Board. The board would be modeled after the National Transportation Safety Board. The board’s goal would be to reduce medical errors and improve patient safety. -
What to Do When a Patient Threatens to Sue
The moments after a patient threatens to sue for medical malpractice can be critical. How clinicians and risk managers react can affect the likelihood of a lawsuit and its outcome. -
FDA Gives Full Approval to Pfizer’s COVID-19 Vaccine
A significant milestone in the ongoing battle against the pandemic.
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HIPAA Records Retention: What Really Is Required?
Risk managers and compliance officers for HIPAA-covered entities might be uncertain about what the privacy law requires regarding records retention because medical records, HIPAA records, federal laws, and state laws become entangled. Clarity on HIPAA records retention might relieve some burden so that covered entities are not doing more than necessary just to ensure compliance. -
Court Rules No Private Right of Action for HIPAA, But Questions Remain
Covered entities may have found themselves breathing a sigh of relief following a recent decision from the U.S. Court of Appeals for the 4th Circuit. In Payne v. Taslimi (998 F.3d 648), the court ruled the plaintiff could not sue as an individual for a HIPAA violation. However, the ruling is not necessarily a complete win for healthcare organizations. -
No Liability for Hospital Under Emergency Medical Treatment and Labor Act
This case highlights important provisions of EMTALA, which is a less common basis for allegations of improper medical care when compared to standard allegations of medical malpractice. It also is an important reminder about how courts evaluate allegations of fraudulent concealment.