Healthcare Risk Management
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Appeals Court Affirms $9.2 Million Noneconomic Damages Award in Medical Battery Case
The most important lesson for physicians and care providers from this case is to always receive fully informed consent for the actual procedure performed. Receiving consent beforehand is a prerequisite, but if the circumstances change, or if a modification to the procedure appears appropriate, seek and receive consent again.
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Malpractice Risks of Telehealth Still Being Determined
Risk managers should be wary of the malpractice risks associated with telehealth, according to several experts who say the sudden increase in usage may have introduced insufficiencies that should be assessed now.
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Privacy Concerns with Telehealth Should Prompt Review
With the use of telehealth increasing in response to the COVID-19 pandemic, there is growing concern the technology may pose risks to patient privacy. In particular, any telehealth services quickly established at the beginning of the pandemic may need a close review to ensure they do not result in data breaches.
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$50 Million Stark Settlement Shows Risk of Violation, Whistleblowers
The recent $50 million settlement by a West Virginia hospital shows the danger of violating or skating on the edge of federal laws regarding kickbacks. It also shows the vulnerability of healthcare organizations to current and former employees who are willing to allege wrongdoing to get a piece of the recovered funds.
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Incorrect Intubation Results in Brain Damage, $16 Million Award
This case presents a rare occasion where a defendant care provider — a federally funded hospital — acknowledges and stipulates to liability, rather than challenging liability in the first instance. It is a rare occasion, but not without a logical explanation.
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Appellate Court Affirms $10.3 Million Verdict in Cerebral Palsy Birth Suit
This case revealed multiple important issues on appeal relevant to medical malpractice cases generally. These issues can be divided into three general groups: issues about causation, issues about periodic payment, and issues about the exclusion of witnesses.
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Evidence of Race Disparities in ED Could Support Negligence Claims
If plaintiffs allege they received poor care in an emergency department (ED) because of their race, there is plenty of potentially admissible research that demonstrates it is indeed possible. People of Black or Latin American descent coming to the ED with cardiac symptoms were less likely to be admitted to specialized cardiology units than white patients, according to the authors of a study.
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Focus on Individual Risks to Reduce Patient Falls
Fall prevention is a constant concern for hospitals and health systems, with great costs involved. It is important not to get stuck in the same old way of thinking when it comes to protecting patients. Take the time to re-evaluate your fall prevention program and look for new opportunities to improve this key aspect of patient safety.
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Common Safeguards Identified in OIG Responses
The Department of Health and Human Services Office of Inspector General (OIG) has evaluated several proposed arrangements related to COVID-19 and identified safeguards that pose a low risk of fraud and abuse. Through several responses to proposed arrangements, OIG identified safeguards applicable to most situations that will make remuneration safe from enforcement under anti-kickback and civil monetary penalty rules.
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DOJ, OIG Changing Enforcement Policies for COVID-19 Era
The federal government’s fraud and abuse enforcement priorities are shifting in response to COVID-19. Risk managers should be ready to adapt their compliance programs in response to the changing risks.