Healthcare Risk Management
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Nurse’s Actions Called ‘Obstetrical Violence’
In addition to the advertising fraud that led to a $16 million verdict against Brookwood Medical Center in Birmingham, AL, the physical interaction by the nurse is troubling, says Kathleen Juniper, JD, an attorney with the law firm of Buchalter Nemer in Los Angeles.
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Nurse Wrestles Mother into Position — Injury Results
Caroline Malatesta’s birth experience at Brookwood Medical Center in Birmingham, AL, was the opposite of what she expected. She chose the hospital because it promised a gentler birth experience but, instead, ended up injured from a nurse forcing her into a delivery position that she did not want.
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‘Bait and Switch’ Advertising Brings $16 Million Verdict
A recent $16 million verdict illustrates the risk faced by a hospital when its marketing promises too much and misleads patients. -
Failure to Recognize Post-surgery Problem Caused Internal Bleeding Yields $4.3M Verdict
In 2010, a 57-year-old woman was admitted to a hospital to undergo surgery to permanently stitch her stomach into the correct anatomical position after a hiatal hernia caused her stomach to partially invade her chest cavity.
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Excessive Prescriptions Result in $17.6M Award In Compensatory and Punitive Damages
In 2008, a 45-year-old man’s primary care physician began prescribing powerful and highly addictive pain pills for lower-back pain. The pain pills, known as opioids, are prescribed at alarming levels for millions of patients in the United States, which results in frequent addiction and serious side effects.
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Worker Fired in NFL Player Incident Sues Hospital
A secretary fired from Jackson Health System in Miami for accessing the medical record of New York Giants’ football player Jason Pierre-Paul is suing Miami-Dade County’s public hospital network. She claims she did not access the patient record and that the health system defamed and libeled her.
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OCR: Ransomware Attack Is Usually a Data Breach
With ransomware attacks a continuing threat to hospitals and health systems, the Office for Civil Rights is warning that, in addition to all the other headaches, such incidents could be considered a data breach under HIPAA.
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First Settlement with Business Associate Shows Focus of Office for Civil Rights
For the first time, the Office for Civil Rights has settled potential HIPAA violations with a business associate, and that settlement sheds light on how the government is assessing compliance.
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HIPAA Risk Analysis Should Be Thorough And Helpful for Hospital’s Compliance
A risk analysis is fundamental to any HIPAA compliance program, but conducting one effectively can be a challenge. Too often, the risk analysis is a perfunctory task that lets you check off a requirement, when it should be a valuable tool that drives the rest of your compliance efforts.
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‘Widespread Vulnerabilities’ Bring $2.7M Settlement
Oregon Health & Science University in Portland has agreed to settle potential Health Insurance Portability and Accountability Act violations with a $2.7 million fine after an investigation by the Office for Civil Rights found “widespread and diverse problems” at OHSU.