Healthcare Risk Management
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Drug Diversion Sting Goes Wrong And Privacy Is Questioned
A California hospital was trying to do the right thing when it set up a video camera to catch drug diversion, but it may have ended up violating patient privacy when the cameras recorded patient care and explicit images. -
Vicarious Liability Becoming More of a Threat
With all the legal risks that hospitals face, it used to be that risk managers could be confident, at least, that vicarious liability was a pretty weak threat. In most cases, hospitals were not held liable if the physician was independent and no hospital employees were involved.
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HIPAA Can Be Challenging with Dementia Patients
Patients with dementia may require special attention with regard to the Health Insurance Portability and Accountability Act, as they aren’t always able to communicate effectively or give permission for clinicians to talk to others about their healthcare.
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Case Shows How EMTALA Can Apply to Inpatients
The case of Moses v. Providence Healthcare System is a good illustration of how a court can interpret the Emergency Medical Treatment and Labor Act in a surprising way, says Ann Lambrecht, RN, BSN, JD, FASHRM, senior risk specialist with Coverys, a Boston-based company that provides insurance, risk management, and claims service for caregivers who are located in the Northeast.
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$1.45 Million EMTALA Award Despite Rendering Aid
The Kentucky Supreme Court recently affirmed an award of punitive damages against a hospital for violating the Emergency Medical Treatment and Labor Act that was 386 times the hospital’s share of compensatory damages. The jury originally awarded $1.5 million in punitive damages against the hospital, which was later reduced to $1.45 million.
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EMTALA Still a Risk, But Some Are Letting Down Their Guard
The Kentucky Supreme Court affirmed an award of punitive damages that was 386 times the hospital’s share of compensatory damages for a violation.
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No Liability for Spine Stabilization Surgery Without Intraop Neurophysiological Monitoring
In 2012, a 52-year-old woman was in an automobile collision and was taken to a hospital. A CT scan indicated that the patient suffered serious injuries, which included three spinal fractures, three fractured ribs, bruises to her brain, air in her cervical spine, and fluid around her lungs.
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Treating Physician Did Not Violate Standard of Care for Failure to Treat Brain Swelling, Jury Finds
A 12-year-old girl was taken by ambulance to a hospital. She exhibited symptoms of hyperglycemia, abnormal respiration, and an accelerated heart rate. The physician in the emergency department treated her with insulin. Ten minutes later, the physician noted that the patient had acidemia (significant amounts of acid in the blood).
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Special report on EMTALA next month
Hospitals have been under scrutiny recently for violations of EMTALA, with one hospital agreeing to pay $100,000 for an improper transfer.
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$20 Million Agreement Is Largest CA Settlement
A Southern California hospital has agreed to a record $20 million settlement in a case involving a newborn left brain damaged by an error, which is the largest malpractice settlement ever in California.