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  • Appellate Court Finds Expert’s Affidavit Sufficient Evidence of Triable Issue of Fact

    A motion for summary judgment was inappropriate here because of the expert’s substantive affidavit. This expert provided more than a simple declaration stating that the expert was retained and would eventually opine; this expert, who was appropriately qualified, offered a specific opinion on issues of the standard of care, delays in diagnosing and treatment, and deviations of the standard of care.

  • Court of Appeals: Plaintiffs Failed to Present Issue of Fact by Not Using Expert Testimony

    This case reveals lessons in substance and legal procedure, as the defendant hospital and physicians successfully defeated the medical malpractice claim in multiple forums and prior to the need for a jury.

  • Cyber Risks Will Continue to Grow in 2020

    With cybersecurity, one of the biggest patient safety threats is ransomware. Ransomware attacks have become easier to launch, and attackers increasingly are targeting smaller healthcare organizations where cyberdefenses may be less sophisticated and employees less savvy about how to spot threats.

  • New Approach Needed to Address Workplace Violence

    Workplace violence occurs at rates more than four times higher than in other industries. Patients and family are under stress, and often take it out on the physicians, nurses, and other employees. Any solution must begin with collecting data on how violent incidents occur, including near misses.

  • 2020 to Bring More Focus on Patient Safety, Technology Solutions

    Patient safety will be the primary concern for risk managers in 2020 as government regulators and accrediting bodies continue to raise their expectations in this area for healthcare organizations, several experts predict.

  • ‘No Comment’ Is Never the Right Response

    When something has gone wrong and your hospital or health system is under scrutiny, it may seem the simplest response is to say nothing. But that can be a huge mistake, because “no comment” never looks good.

  • Crisis Management Requires Action Plan for Quick Deployment

    Crisis management after a significant clinical event or other issue can thrust the risk manager into a sink-or-swim situation. A proper response can minimize the negative effect and a poor response can greatly magnify the fallout. Managing such an event requires preparation up front so an action plan can be activated when needed.

  • Methods to Improve the IRB/PI Relationship

    There are natural conflicts between IRBs and principal investigators, but IRBs can take several steps to improve this crucial relationship. For instance, IRBs should treat everything on a case-by-case basis, depending on the situation, the principal investigator, and the IRB’s policies.

  • Protecting Research Data in the Digital Age

    The increasing array of devices and systems to access, store, and transfer research data calls for diligence and common sense to prevent breaches. How seriously is the research community taking this threat? The National Institutes of Health has essentially hired hackers to constantly probe and test its database for the All of Us genome research project.

  • Is ‘Informed Consent’ an Oxymoron?

    A study asking readers to consent to a short form containing only the key information about the research resulted in suboptimal comprehension, suggesting participants only skimmed through it or skipped it outright.