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Healthcare Risk Management

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  • Hospital Reduces Alarms in Burn Center ICU

    When a team set out to address alarm fatigue at a North Carolina burn center ICU, they found success with implementing new best practices that addressed some of the most common reasons for nuisance alarms. But they also found those wins can slip when staff changes bring new people who were not trained in the updated ways and new leadership that was not there for the initial effort.
  • Nursing License Complaints Must Be Taken Seriously, Avoided if Possible

    A complaint filed against a nursing license can destroy a nurse’s career. It is crucial for risk managers and nurses to understand the risks and the best practices to protect against these complaints.
  • Proposed Patient Safety Foundation Could Benefit Patients, Industry

    A coalition of more than 50 leading healthcare organizations is calling for the creation of a National Patient Safety Board. The board would be modeled after the National Transportation Safety Board. The board’s goal would be to reduce medical errors and improve patient safety.
  • What to Do When a Patient Threatens to Sue

    The moments after a patient threatens to sue for medical malpractice can be critical. How clinicians and risk managers react can affect the likelihood of a lawsuit and its outcome.
  • HIPAA Records Retention: What Really Is Required?

    Risk managers and compliance officers for HIPAA-covered entities might be uncertain about what the privacy law requires regarding records retention because medical records, HIPAA records, federal laws, and state laws become entangled. Clarity on HIPAA records retention might relieve some burden so that covered entities are not doing more than necessary just to ensure compliance.
  • Court Rules No Private Right of Action for HIPAA, But Questions Remain

    Covered entities may have found themselves breathing a sigh of relief following a recent decision from the U.S. Court of Appeals for the 4th Circuit. In Payne v. Taslimi (998 F.3d 648), the court ruled the plaintiff could not sue as an individual for a HIPAA violation. However, the ruling is not necessarily a complete win for healthcare organizations.
  • Proposed Expert Witnesses Correctly Disqualified, But Proper Witness Disregarded

    As often is the case, expert witnesses regularly play a pivotal role in medical malpractice actions. A foundational matter is whether an individual may qualify to serve as an expert witness. It can be extremely powerful for either party to challenge the other side’s prospective experts.
  • No Liability for Hospital Under Emergency Medical Treatment and Labor Act

    This case highlights important provisions of EMTALA, which is a less common basis for allegations of improper medical care when compared to standard allegations of medical malpractice. It also is an important reminder about how courts evaluate allegations of fraudulent concealment.
  • Class Action Lawsuits Possible After Cyberattack

    Class actions stemming from ransomware attacks are becoming increasingly common as the public awakens to the likelihood these episodes often are accompanied by data extradition and breaches. In the last two years, it has become increasingly common for consumers who are concerned about their own data exposure to file class actions against companies (including cloud software providers and healthcare companies).
  • New Threats to Cybersecurity Call for Vigilance, Preparation

    Cyberattacks are a major threat to healthcare organizations, with the potential for HIPAA data breaches, the loss of critical patient data, the inability to provide care, and substantial financial losses from ransoms and litigation. The White House is urging hospitals and health systems to take specific steps to improve cybersecurity.