Healthcare Risk Management
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Recommended Elements of a Compliance Program
Provider Relief Fund compliance will require an extensive and far-reaching program, experts note.
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Provider Relief Funds Require Strict Compliance Program
Risk managers and compliance officers should act now to ensure compliance programs are consistent with the latest guidelines from the Department of Health and Human Services.
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Court Rules Defendants Must Face Malpractice Suit After Botched Delivery, Death of Twin
As with many medical malpractice cases, the primary issues in this case revolve around expert witnesses, who are almost always necessary and who can make or break a malpractice defense.
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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.