Healthcare Risk Management
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Brain Damage Lawsuit Settles for $5 Million
This case exemplifies the benefits of resolving medical malpractice litigation through negotiation and prior to an adverse verdict. There are many factors that can affect a mutual agreement between the parties and a settlement, but such efforts can be extremely beneficial to physicians and care providers to better control payment amounts in the event of liability and to reduce negative exposure and publicity.
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Department of Justice Halts Enforcement and Civil Penalties
The Executive Office for United States Attorneys recently announced that because of the COVID-19 pandemic, the U.S. Department of Justice (DOJ) has temporarily halted enforcement actions and the collection of civil penalties. The original period ran through May 31, but DOJ said it may extend the period.
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Online Privacy Threats Increasing with More Internet Use
Online threats to patient privacy are increasing as healthcare organizations rely more on technology to interact with patients. Scammers are looking for new opportunities.
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Handle Whistleblower Complaints with Care
At the height of the healthcare industry’s response to COVID-19, some hospital employees gained national attention for their criticism of the lack of personal protective equipment and supposed failings by their employers. Some employers appeared to retaliate against those whistleblowers, raising questions about how such complaints should be handled.
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Review Insurance Policies for Benefits to Help with COVID-19 Costs
Insurance policies may include features that can produce unexpected costs from COVID-19. But policies may exclude communicable diseases.
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Limited Protection from COVID-19 Liability Available in Some States
Healthcare organizations facing potential liability related to COVID-19 may have some protection available on state and federal levels. State protections vary, but one example is New York, which recently passed legislation that provides healthcare providers and facilities with immunity against potential lawsuits related to COVID-19.
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Nursing Homes Face Serious Liability Risks from COVID-19
Nursing homes and affiliated health systems may face an onslaught of lawsuits alleging they failed to properly care for residents during the COVID-19 pandemic. Limited resources and the vulnerability of nursing home residents led to many deaths in nursing homes, and families will question whether those deaths could have been prevented.
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State Supreme Court Orders New Trial in Childbirth Death Suit
This case reveals the indisputable importance of experts. Important lessons from this case relate to challenging the sufficiency of such experts and whether the experts have offered opinions relevant to the proceedings. Who qualifies as an “expert” may be the proper subject of debate.
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Appellate Court Affirms $5.1 Million Award for Patient’s Death After Hernia Repair Surgery
This case raises important considerations about making appropriate choices in the selection of equipment and methods for treatment, as well as the importance of retaining a qualified and persuasive expert witness in the event of litigation.
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Think About Record Retention Now, Not at End
Physician practices and even hospitals sometimes make the mistake of putting off decisions on record retention until they think it is time to clear out a storage facility or reduce their data storage expenses. A better approach is to determine how long certain records should be kept and then establish a destruction date.