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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.
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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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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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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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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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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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Risk managers take some solace in knowing that not every allegation of malpractice will fall on the hospital, that sometimes the individual physician or physician group will be responsible for defending the claim. But there is cause for concern with a recent court ruling that could increase the chance of the hospital being held responsible under the "apparent authority" concept.
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The struggling economy makes William J. Spratt, JD, a health care attorney with K&L Gates in Miami, worry about the effect on health care providers.
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The air ambulance program at Wake Forest University Baptist Medical Center in Winston-Salem, NC, goes beyond the minimum requirements in an effort to make its medical helicopters as safe as they can be.
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Two recent settlements could have an impact on how health providers do business. In the first case, two Illinois hospital systems have agreed to settle lawsuits alleging that they overcharged thousands of uninsured patients and provided inadequate financial assistance.
