Healthcare Risk Management
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Hospitals Face ADA Lawsuits Over Websites
Healthcare facilities are being sued by plaintiffs who allege that facility websites are not in compliance with the Americans with Disabilities Act.
Stark Law Could Be Eased, but Compliance Still Difficult
Efforts to move away from the fee-for-service model may lead to changes in the Stark anti-kickback law. Expect more exceptions and exclusions that will in some ways make the law less onerous but no less difficult when ensuring compliance.
Malpractice Nursing Claims Rise With Experience
Data on malpractice claims involving nurses indicate a somewhat surprising trend: The more experienced a nurse is, the more likely he or she is to have malpractice claims.
Consciousness Guidelines Affect Continuation of Care
New guidelines on how to determine consciousness could affect how healthcare organizations address legal questions regarding intensity of care, discontinuation of care, and end-of-life decisions.
Mergers and Acquisitions Activity Creates Safety, Liability Risks for Hospitals
Mergers and acquisitions can create patient safety risks as disparate cultures merge and clinicians face new working conditions.
Federal Court Affirms No Private Right of Action
A federal judge recently affirmed that HIPAA does not provide a mechanism for individuals to sue when they believe their privacy rights have been violated.
Educate Staff on Criminal Prosecution Risk
Criminal prosecutions for HIPAA violations appear to be increasing, putting both individuals and healthcare organizations at risk for more than just monetary penalties and regulatory burdens.
Physicians’ Failure to Diagnose Cardiac Condition Not Hospital Negligence
This case illustrates the importance of providing adequate training for nonmedical personnel in healthcare facilities.
Canceled HIV Test Results in $18 Million Verdict
This case demonstrates how clear communications are critical for hospitals and physicians to correctly inform patients of test results, and the importance of timely diagnosis and treatment.
Beware Exposure if ‘Bouncebacks’ Don’t Return to Same ED
Most EDs track return visits — cases in which patients come back with new or worsening symptoms. But what if that patient goes to a different ED? Investigators recently examined this question.