Healthcare Risk Management
RSSArticles
-
Fraudulent Concealment Prevents Physician from Using Statute of Repose Defense
This case reveals the importance of providing patients with relevant information and documenting the provision of information in a timely fashion. In this case, the negligence focused on the physician’s failure to inform the patient about the kidney mass and failure to diagnose the cancer. When patients are not fully informed of material information, such as an abnormal mass, patients are deprived of the ability to make informed decisions. -
Co-Branding Requires Attention to Anti-Kickback, Stark, Tax Laws
Co-branding is a common tactic in healthcare that signals collaboration, excellence, and high-quality service offerings. But as common as co-branding is, healthcare providers that use this must have a legal structure in place as the integration occurs. -
2021 Healthcare Takedown Shows DOJ’s Focus on Pandemic
The Department of Justice’s 2021 Healthcare Takedown report indicates government investigators are looking for fraud in some areas related to the pandemic as well as some perennial sources of wrongdoing. -
Civil Cyber Fraud Initiative Will Increase Some Liability Risk
The U.S. Department of Justice is pursuing an initiative aimed at uncovering and punishing government contractors with insufficient cybersecurity or who fail to report breaches. The agency is wielding the False Claims Act as a primary tool. -
CMS Requires COVID-19 Vaccinations for Healthcare Workers
The Centers for Medicare & Medicaid Services’ highly anticipated interim final rule requiring healthcare workers to be vaccinated against COVID-19 will bring new obligations for healthcare employers, but it also might help overcome the objections of some employees.
-
Circuit Court Decision Could Make COVID-19 Lawsuits Easier
A recent federal appeals court decision appears to put nursing homes at risk of lawsuits related to deaths of patients during the COVID-19 pandemic. It also might increase the risk for other healthcare entities. -
Data Show Leaders Worried About Cyberthreats
Recent research shows healthcare leaders are worried about the potential consequences of a cyberattack. -
Ransomware, Other Cyber Threats Can Lead to Malpractice Cases
-
Severe Brain Injuries Caused by Postnatal Negligence Results in $35 Million Verdict
One of the major takeaways from this case relates to the substantial adverse verdict imposed by the jury here: Nearly $35 million dollars, primarily allocated to the lifetime of anticipated medical expenses. Past and future expenses are a critical component that medical malpractice patients seek to recover. When the patient is an injured child, a lifetime of injuries can cascade into massive damages through projections and estimates of permanent or extensive medical care. -
Misdiagnosis of Infection Leads to Injuries and $500,000 Award
This case presents interesting lessons in both substance of medical malpractice cases and in procedures for resolving allegations of medical malpractice. On the substance, the primary issues in this case revolved around the delayed diagnosis: whether the delay fell below the applicable standard of care, and whether the delay directly caused the patient’s injuries. A patient alleging medical malpractice has the burden of demonstrating both of these elements, among others.