Healthcare Risk Management
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Emergency Medicine Trainees More Likely Sued Than Radiology Trainees
Medical malpractice claims naming physician trainees is infrequent, and the number of lawsuits is trending downward over time, according to the authors of a study.
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CARES Act Funds Come with Many Obligations
The Department of Health and Human Services has been distributing $175 billion to “eligible healthcare providers” on the front lines of the coronavirus response in various phases, but that money comes with many obligations. Failure to comply with all the requirements can result in substantial liability.
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Patient Photos in Electronic Health Record Cut Wrong Order Entries by 35%
Wrong-patient order entry is a constant threat to patient safety. A team at Brigham and Women’s Hospital in Boston launched a project to add patient photos to the electronic health record. Two years later, the error rate had decreased by 35%.
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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.