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While it always is necessary to consult with local counsel (as damages analyses can vary by state), this case suggests an expansion of the traditional concept of how courts and experts calculate pain and suffering.
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EDs can learn a lot from this particular case about how to avoid litigation for disregarding advance directives.
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OSHA inspections require preparation for the best results. Healthcare facilities must meet certain industry-specific requirements.
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The latest report on maternal health from The Leapfrog Group shows progress on all three health measures, but there is room for improvement. A record percentage of hospitals achieved Leapfrog’s target for nulliparous, term, singleton, vertex cesarean delivery rates.
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Risk managers should work closely with hospital security directors to coordinate efforts to address workplace violence and other threats. Hospitals must balance security with welcoming the public and providing a pleasant atmosphere.
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Healthcare organizations are afforded substantial protection from liability related to administering the COVID-19 vaccines, but there are ways to void that protection and create vulnerability for plaintiffs’ attorneys. With more than 100 million people fully vaccinated in the United States, it is inevitable some will try to claim damages and sue the organization that administered the vaccine.
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The extraordinary case of a neurosurgeon who was so poorly vetted by hospitals that he critically injured dozens of patients and was blamed for two deaths in a short time is receiving renewed attention in true crime podcasts and an upcoming TV series. Risk managers should take the opportunity to learn how to avoid a repeat of the tragic series of events.
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This case is important to learn how time restraints are applied in medical malpractice suits. All states use specific statutes of limitations, and some states enacted additional time requirements to prevent a patient from waiting too little or too long before notifying the medical provider of intention to file suit.
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This case demonstrates the need to fully inform patients of their treatment options — especially in non-emergency situations — and to carefully monitor patients during the relevant times, particularly during and after surgery, and to investigate abnormal conditions appearing after the surgery. A well-considered and documented informed consent can be as important to the patient’s safety from harm — and the physician’s protection from litigation — as making the correct diagnoses, prescribing the appropriate medications, or skillfully performing the correct procedures.
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Few EMTALA violations involve vascular-related issues, according to the authors of a recent analysis. Of 7,001 patients with an EMTALA violation from 2011 to 2018, only 1.4% were vascular-related. Cases included cerebrovascular, ruptured aortic aneurisms, aortic dissections, vascular trauma, peripheral arterial disease, venous thromboembolism, dialysis access, and bowel ischemia.