Healthcare Risk Management
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In 2021, Assisted Living Litigation Might Hinge on Immunity
Assisted living facilities and their affiliated hospitals and health systems are bracing for a wave of lawsuits associated with COVID-19. It remains to be seen how much immunity they can expect from laws implemented during the pandemic. Risk management for assisted living facilities should be more responsive, nimble, and organized than ever before.
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Do Not Promise Success, and Document Well
There are two things healthcare professionals can do to position themselves for a good defense in case of a malpractice lawsuit. First, do not promise patients success or even imply it. Also, be careful when creating policies and procedures.
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Avoid the Most Common Mistakes When Facing a Lawsuit
When a healthcare professional receives notice of a lawsuit, everything he or she does from that moment forward can affect the outcome, for better or worse. Knowing the most common mistakes to avoid can help lead to the best resolution.
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Telemedicine Law Changes Confusing, but Waivers Protect During Pandemic
Legislation passed in December 2020 changed some telehealth requirements for mental health services. The change has prompted concern over false claims.
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OCR Audit Findings Show Where to Focus HIPAA Compliance
Covered entities should take note of some key findings from audits conducted by the OCR in 2016 and 2017. OCR assessed covered entities’ and business associates’ compliance with selected provisions of HIPAA rules.
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Lessons Learned from Overturned $4.3 Million HIPAA Penalty
A covered entity’s victory over proposed penalties from the Department of Health and Human Services was good news for those responsible for HIPAA compliance, showing that good faith efforts and a willingness to fight the allegations can pay off.
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North Carolina Supreme Court Rejects Loss of Chance Doctrine
The loss of chance doctrine can be a strong tool for plaintiffs to recover damages when a physician’s failure to follow a certain course of treatment resulted in the patient losing the opportunity of a better outcome. It is important to consult with qualified legal counsel in the local jurisdiction to ascertain whether it applies, and with what potential nuances.
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Court of Appeals Reverses Doctor’s Trial Court Win in Botched Spinal Surgery Case
Although the plaintiff’s expert provided some controversial comments on the standard of care, it is likely that, if given his well-established expertise, a proper analysis and explanation of his testimony will, at the very least, increase the plaintiff’s odds of obtaining a favorable verdict. There always is a standard of care, especially for relatively common procedures. The standard may not exist in written form. Instead, it is considered to be what a reasonable physician would do in similar circumstances within the same community.
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Finger-Pointing in Nurse Charting Is Opportunity for Plaintiff
Emergency nurses and physicians may not understand the liability implications of using charts to air grievances. A unified defense is recognized as the best approach for all defendants in ED malpractice claims, but finger-pointing notes make it difficult. Physicians and nurses should meet briefly before each shift to discuss the importance of teamwork, not only regarding patient care but also documentation.
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$12.5 Million False Claims Act Settlement Shows Government Loss Not Required
A False Claims Act lawsuit involving alleged kickbacks for placing drugs on formularies has been settled for $12.5 million. The case is instructive because it shows the False Claims Act can apply even when the government has not lost money from the alleged violations.