Healthcare Risk Management
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$30 Million Award Upheld for Negligent Treatment of Kidney Disease
Although unsuccessful in this matter, the defendant care provider raised an important defensive tool in medical malpractice actions: comparative negligence. States employ different applications of this legal principle.
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Assessing Malpractice Coverage for Improvements
Medical malpractice insurance is a vital part of any risk management program, but it is easy to assume that whatever coverage you have had for a while is adequate. It may not be, and a regular review of your insurance policies is a good way to avoid nasty surprises.
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OSHA Enforcement Prioritizing Hazards Related to COVID-19 Response
The Occupational Safety and Health Administration has vowed to take a hard look at complaints and referrals related to employee safety during the COVID-19 pandemic. Healthcare employers should prepare to answer concerns about employee safety.
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HHS Distributing $175 Billion in CARES Act Provider Relief Fund
The Department of Health and Human Services is distributing $175 billion to hospitals and healthcare providers to compensate for their coronavirus response. Through the Provider Relief Funds, $50 billion is allocated proportional to providers’ share of 2018 net patient revenue.
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Compliance Oversight Necessary with COVID-19 Relief Funds
Funds provided to hospitals through the Coronavirus Aid, Relief, and Economic Security Act require careful compliance efforts to avoid substantial liability. The money comes with many strings attached.
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Some Attorneys Vow Not to Sue Over COVID-19 Care
Risk managers are bracing for what some fear will be a wave of malpractice claims related to COVID-19 care. However, some attorneys say they will not take these cases, arguing the treatment standard is unclear, and substandard care claims cannot be substantiated.
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Preoperative Assessments Can Be Weak Point, Increase Liability Risks
Preoperative assessments are critical to patient safety and reducing liability risks. Some assessments are inadequate and fail to identify risks that could be avoided.
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Tips for HIPAA Compliance During a Pandemic
Remember that the pandemic response may create unique Health Insurance Portability and Accountability Act compliance risks. Time, staffing, and focus are at a premium, but staying cognizant of patients’ privacy remains important.
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COVID-19 Changes HIPAA Compliance, But Caution Necessary
The Department of Health and Human Services Office for Civil Rights has issued waivers and notices of enforcement discretion for several issues related to Health Insurance Portability and Accountability Act compliance, but healthcare organizations still must be careful to comply with the privacy law even during the pandemic.
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Insufficient Expert Report Leads to Partial Defense Dismissal in Botched Hysterectomy Suit
A major lesson from this case is a successful avenue for physicians and care providers to challenge a patient’s inadequate claim: by undermining a patient’s expert. While the patient’s case against the physician defendant has yet to be decided, this ruling in favor of the hospital defendant provides an opportunity for defendants generally.