Healthcare Risk Management
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‘I’m Sorry’ Legislation Not Showing Anticipated Results
The “I’m Sorry” movement has gained steam in the last few years. Risk managers have been encouraging physicians to show their regret and concern with patients after adverse events — not only because it is the right thing to do, but also in hopes of reducing potential liability. Thirty-six states passed apology laws, according to the Sorry Works! organization, which has promoted apologies after adverse events. But after years of trying that approach, is it really working out that way? Not necessarily, although that does not mean the apology approach is not worthwhile.
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Patient Who Sustained Permanent Brain Damage After Asthma Attack Awarded $110 Million
This medical malpractice action focused on whether the defendant physicians’ decision not to transfer the patient, who could have received different treatment at a better-equipped facility, constituted a breach of the applicable standard of care.
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Hospital and Physicians Liable in Case of Woman Who Died Hours After Giving Birth
The primary lesson in this case is for physicians and care providers to take into account a patient’s specific medical history and medical conditions when determining the proper level of care and appropriate treatment for the patient.
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Leapfrog Sees Improvements in Patient Safety
Poor hospital performance on 16 patient safety measures causes more than 161,000 deaths annually, according to a recent report from the Leapfrog Group and Johns Hopkins — but that is a decrease from 2016 figures.
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LabCorp and Quest Breaches Show Vulnerability of Data
All sectors are seeing an increase in breaches due to third-party service providers, business associates/partners, and even commercial off-the-shelf products compromised during manufacture.
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Supreme Court Extends False Claims Act Limit to 10 Years for Most Cases
The decision involving Cochise Consultancy addressed which of two statutes of limitation in the False Claims Act applies in the event a relator brings an action but the government has not intervened.
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Time Component Is One of Major Takeaways in Guidance
The U.S. Department of Justice guidance on corporate compliance includes an important time component instructing prosecutors to consider the effectiveness of a compliance program not only when misconduct occurred, but when making charging decisions and upon resolving a case.
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DOJ’s New Guidance on Corporate Compliance Provides Valuable Tool for Risk Managers
The Department of Justice issued new guidance on corporate compliance programs that risk managers should use to tailor and optimize their compliance programs.
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Microsoft Breach Reveals Risk From Cloud-Based Data Storage
A recent attack on email servers at Microsoft raises questions about the security of protected health information on servers that healthcare organizations use.