Compliance
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Medical Malpractice Action Failed When Expert Testimony Did Not Comply with Statute
This ruling is a reminder of the crucial importance of consulting with counsel and investigating statutory requirements when selecting an expert witness who is not in the same profession as the defendant.
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Failure to Inspect Patient After Cesarean Section Leads to Cardiac Arrests and Hysterectomy, $8 Million Award
This case serves as a stark reminder to medical professionals about the critical importance of closely monitoring patients after surgery and preparing to intervene promptly if complications arise. The incident underscores the significance of knowing the risks and potential complications associated with emergency cesarean sections.
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Study Shows Importance of Effective Medication Reconciliation
A recent study from Brigham and Women’s Hospital in Boston illustrates some of the best tactics hospitals can use for improving medication reconciliation. The first lesson from the study is the importance of taking the best possible medication history in the ED before the patient is admitted.
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Patient Objections to Caregivers Create Difficult Situations
Healthcare organizations could find themselves in a difficult position if a patient or family member refuses care from a clinician because of race, sex, or sexual orientation. If the situation arises, the law is clear even if following it will make the patient or family upset.
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National Patient Safety Board Could Be Implemented
A bill in Congress could create a patient safety board modeled after the successful safety efforts in transportation. The bill would create a National Patient Safety Board that would do for the healthcare industry what the National Transportation Safety Board and Commercial Aviation Safety Team have done to improve safety for those fields for more than 25 years.
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Supreme Court Ruling Helps with Meritless False Claims Act Lawsuits
The U.S. Supreme Court issued an important ruling that will help healthcare organizations and practitioners gain relief from meritless whistleblower lawsuits under the False Claims Act.
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Know How False Claims Act Works to Prevent Violations
Understanding the ins and outs of the False Claims Act can prevent violations and improve the outcome if the government or a whistleblower does allege fraud and abuse. False Claims Act investigations are almost impossible to avoid for large companies, so risk managers must thoroughly understand the law.
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Email Retention Requirements for HIPAA Often Misunderstood
HIPAA requires that certain emails and other electronic communications be retained for a set period, but covered entities often misunderstand exactly what must be saved and for how long. The Security Rule requires healthcare organizations and health plans to retain electronic communications containing HIPAA policies and procedures for at least six years.
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OCR’s Report to Congress Shows Increase in Complaints
The Office for Civil Rights’ annual report to Congress showed “significant increases” in HIPAA complaints — 34,077 new complaints in 2021, a 25% increase from 2020. Complaints increased 39% from 2017 to 2021.
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Breaches Sometimes Kept Secret, but Decision Is Highly Dangerous
Cybersecurity professionals often are told to keep breaches confidential, according to a recent survey that suggests healthcare organizations may be risking serious consequences for not reporting the improper loss of protected health information controlled by HIPAA.