Healthcare Risk Management
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More Attention Now to Workplace Violence; Employers More Receptive
Workplace violence is receiving more attention from hospital and health system leaders. Now may be the time to push for worker safety initiatives that previously could not gain traction.
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Do Not Forgo HIPAA Requirements in Pandemic Response
The Department of Health and Human Services Office for Civil Rights will disregard some HIPAA violations during the pandemic response. Risk managers should understand which parts of the privacy rule are affected.
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EMTALA 1135 Waivers Allow Flexibility
The Centers for Medicare & Medicaid Services issued waivers for some Emergency Medical Treatment & Labor Act (EMTALA) requirements, acknowledging certain expectations are not reasonable to achieve during a pandemic. However, EMTALA still applies.
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Telehealth Rules Eased, but Oversight Still Needed
The federal government acted quickly to make telehealth services more accessible in the COVID-19 pandemic, but risk managers must fully understand the changes to avoid creating liability risks. Some telehealth changes are aimed at making the service reimbursable, and therefore available to more patients. But there also are compliance issues.
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CMS Issues Stark Waivers, Makes Other Allowances for Pandemic
The Centers for Medicare & Medicaid Services issued waivers and allowances that will affect risk management programs, including 18 blanket waivers of sanctions under the Stark Law.
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COVID-19 Creates Multiple Risk Exposures as Hospitals Respond
Risk managers should recognize several types of potential liabilities and exposures related to the COVID-19 pandemic response. Some compliance and regulatory burdens have been eased, but risks remain.
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Appellate Court Affirms $6 Million Medical Negligence Arbitration Award
The issue of liability in this case was unanimously decided by all three arbitrators in favor of the patient. The facts of the case leave little space to argue the nurse acted in conformity with the necessary standard of care, particularly because of the significance of the delayed medical intervention.
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Severe Hypoxia During Delivery Results in Permanent Brain Damage, $15 Million Verdict
This case presents a multitude of breaches of the standard of care that cumulatively gave rise to the liability and significant verdict in this matter. In the complaint, the patient alleged the physicians breached their duty of care on multiple factual bases, including by failing to disclose all the risks associated with VBAC, violating the hospital’s standard operating procedure, failing to monitor the fetal heart rate continuously, allowing the patient to ambulate, and failing to identify early signs of fetal hypoxia.
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Causation Difficult for Plaintiff in ED Malpractice Claim
Generally, plaintiff attorneys find some aspect of care that was arguably beneath the standard of care. Likewise, they can show the ED provider was acting in the scope of his or her employment. However, causation often is a difficult problem.
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Patient Selection, Standardization Can Reduce Surgical Liability
One-quarter of all malpractice claims in a recent closed claim study involved surgical allegations, second only to diagnosis-related allegations. The authors of the study said standardization and practice contribute to successful outcomes. Routine and rigor also are vitally important.