Compliance
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Catastrophic Birth Injury Results in $7.75 Million Award and Insurance Litigation
This case provides lessons concerning aspects of malpractice litigation that do not focus on challenging the actions of the care providers. Just as providers owe duties to their patients, insurance providers have their own set of duties and obligations that are owed to their insureds. A failure to abide by those duties may subject the insurer to liability from their insured, as resulted in this case.
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Misdiagnosis Leads to Premature Emergency Delivery, Severe Brain Damage, and $34 Million Verdict
Misdiagnosis or delayed diagnosis is one of the most — if not the most — common causes of medical malpractice claims. A failure to timely diagnose a condition may render the subsequent treatment ineffective or may preclude any treatment.
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Does a Clinical Decision Aid Constitute the Legal Standard of Care?
Each emergency physician should undertake the appropriate medical approach to evaluating a patient, regardless of any recommended course of action. The medical record should support using the recommended path or justify another course of action.
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MRI Safety Requires Good Policies, Signage, and Education
MRIs provide valuable information that can be vital to patient care, but they also are powerful machines that can injure or kill people when proper precautions are not taken. The potential liability from such accidents is significant.
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CEASE Bundle Alleviates ICU Alarm Fatigue
Nurses in an ICU successfully alleviated alarm fatigue with a bundle. The CEASE bundle focuses on changing electrodes and using appropriate monitors.
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Telemedicine Rule Changes Will Require Tighter Compliance
The Drug Enforcement Administration’s proposed telemedicine rules in response to the end of the Public Health Emergency could carry important implications for physicians and employers who use telemedicine to communicate with patients. In-patient visits will be required for certain controlled substances.
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Sentinel Events Increased in 2022, Fall Reports Up Sharply
The Joint Commission’s latest report on sentinel events shows a 19% increase from 2021 to 2022. Falls, which were the most common sentinel event, increased almost 27%.
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Reality TV Shows Still Pose Great Risks to Hospitals
Even after hospitals were fined millions of dollars for participating in reality TV shows, some healthcare facilities are allowing cameras in again. The experience comes with great risk. The Office for Civil Rights has penalized hospitals for HIPAA violations related to reality TV.
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Surgeon Prevails When Patient’s Expert Cannot Tie Injury to Allegedly Negligent Surgery
The failure to admit medical records was a big problem for the plaintiff’s case, as was the expert’s failure to directly address how the mesh plug caused the patient’s pain. In defending these kinds of cases, it is important for defendants and their counsel to force the plaintiff to honor the rules of evidence to admit their exhibits and to prove causation, whether through expert testimony or otherwise.
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Deadline Bars Medical Malpractice Claims and Wrongful Death Claims
On the substantive medical side, the obvious negligence inflicted on the patient by both a healthcare facility and physicians must be addressed first. This case also illustrates the legal interplay between three timing rules and is a strong example of how a state’s application of those rules can drastically affect a case.