Healthcare Risk Management
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Big Penalties for Right to Access Initiative
The Office for Civil Rights HIPAA Right of Access initiative recently led to the resolution of 11 cases at a cost of $626,000, emphasizing the risk of failing to comply with this requirement.
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Gastric Bypass Malpractice Yields $14.1 Million Verdict
There are two principal ramifications arising from this decision. First, in a case involving medical malpractice, a common-law cause of action, the Open Courts Provision does not supersede statutory restrictions on recovery of economic damages via Chapter 33. Second, the decision allows for settlement credits to be applied for settlement of derivative claims, even if the non-settling plaintiff does not have a cause of action for the same derivative claim.
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Provide Frequent HIPAA Training with Real-World Scenarios
Training employees in HIPAA compliance should be frequent and include realistic situations, including scenarios in which they may unknowingly facilitate a breach.
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CDC Tries Less Rigid Approach to Opioid Prescribing Guidelines
Agency underscores voluntary nature of its recommendations, highlights new science and collaboration that went into the revisions.
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Track the Right Safety Indicators for Best Results
Risk managers can track leading indicators to assess safety improvement efforts, but there is no uniform set of leading indicators for hospitals and health systems. Knowing which indicators to track can make your risk management program more effective.
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Feds Serious About Preventing Discrimination in Telehealth
The HHS Office for Civil Rights and the Department of Justice are signaling they will take seriously any discrimination against protected classes in the delivery of telehealth services. Hospitals and health systems must make sure they are providing reasonable accommodations when needed.
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Handwashing Compliance Often Not as Good as Leaders Hope
Hand hygiene is fundamental to patient safety. But for many healthcare organizations, maintaining compliance with good handwashing practices is a challenge. Compliance seemed to improve at many facilities during the COVID-19 pandemic, but some research suggests clinicians are regressing to old habits.
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Video Recording Raises Risk, Requires Policy Consideration
Video recording has been problematic in healthcare for decades, ever since the home video camera became common. With the proliferation of smartphones and remote video monitoring, hospitals and health systems are facing a new wave of questions and potential risks from video recording in patient care settings.
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Appeals Court Reverses Hospital’s Summary Judgment Due to Lack of Communication
This case highlights the importance of communication. In this case, a lack of communication was the material issue that prevented the defendant from adjudicating its liability.
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Contraceptive Injection Mix-Up Leads to Unwanted Birth, $10 Million Verdict
There are two principal ramifications arising from this decision that relate to a healthcare provider’s failure to adhere to the accepted standard of contraceptive care. First, a patient’s reason for seeking reproductive healthcare does not limit the scope of a negligent provider’s liability as a matter of state law.