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The Harvard study suggesting lower malpractice risk from using electronic medical records (EMRs) must be viewed with some skepticism, says Peter Hoffman, JD, an attorney with Eckert Seamans in Philadelphia.
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Recent research from Harvard University suggests that the adoption of electronic medical records (EMRs) could have a positive effect on reducing malpractice liability.
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Wider adoption of electronic medical records (EMRs) has been a goal in health care for years, and progress is expected now that President Obama's economic stimulus plan includes $19 billion to help medical care facilities switch to electronic records. Risk managers have long thought, or at least hoped, that EMRs would result in fewer medical errors and malpractice lawsuits. The country may find out soon if that is true.
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Patient privacy rights is hardly a new issue, but it became an especially hot topic in 2008, as reports of unauthorized access to the confidential medical records of celebrities brought to light health care security shortfalls at several medical centers and hospitals.
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Any facility subject to water intrusions from flooding, faulty HVAC systems, or any source of water into the building envelope should have a written mold management plan, says Suzanne M. Avena, JD, an attorney with Garfunkel Wild in Great Neck, NY, specializing in environmental law.
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A child presents at a hospital emergency department (ED) complaining of a fever and rash. A physician's assistant employed by the hospital examined the child and described the rash in the child's chart. The child was discharged with instruction to see a pediatrician but with no guidance as to how to manage the fever. The child's symptoms became worse, and the child was eventually diagnosed with staph sepsis.
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When defense attorney James J. Nosich, JD, of McGrane Nosich in Coral Gables, FL, was faced with a seemingly unwinnable case of a quadruple amputee alleging failure to diagnose, he didn't hold out much hope of his client being found not liable. But he vowed to fight, and the defense strategy began with the jury selection, trying to select jurors who could put sympathy aside and concentrate on the facts of the case.
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Every risk manager eventually faces that malpractice lawsuit that seems too big, too tragic, too difficult to fight. When the circumstances are terrible and you can't imagine trying to explain your actions to a lay jury, the temptation can be strong to just settle it and make it go away - even if that means paying a large sum beyond your insurance limits.
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David V. Kramer, JD, an attorney with DBL Law in Crestview Hills, KY, points out that a disclaimer on the consent form must be worded carefully to ward off claims of "apparent authority."
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Don't assume that your insurer will cover mold-related liability, cautions David Dekker, JD, an attorney specializing in construction for Howrey LLP in Washington, DC.