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Hospital May Be Held Liable for ‘Independent Contractor’ Surgeon’s Alleged Mistakes
A Texas Appellate Court recently decided that a nonprofit hospital could be held vicariously liable for a botched brain surgery that left a minor permanently disabled. The hospital’s argument that the defendant surgeon was an independent contractor rather than an employee was dismissed by the court. This ruling opens the door for the family of the injured plaintiff, who sued on her behalf, to continue their case against the hospital and doctor and, if successful, seek to hold the hospital responsible for damages.
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Minnesota Orthopedic Center Settles Injury Suit Before Second Trial
A settlement has been reached in a high-stakes lawsuit between an orthopedics center and former patient stemming from a 2017 emergency surgery that allegedly led to catastrophic and permanent injuries to the patient’s leg. This settlement comes just before a second trial was set to begin after a jury previously had awarded the patient $110 million in damages — a verdict later vacated by the court for being excessive.
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Adverse Event Interviews Require Tact, Careful Process
Conducting an adverse event interview in healthcare is a process that requires careful planning and execution to ensure that all relevant information is gathered while maintaining a supportive environment for those involved.
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Avoid Common Errors in Documentation
Documentation is fundamental to both patient safety and risk management, but quality documentation relies on adhering to best practices and avoiding some of the most common mistakes.
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Respond Carefully to Notice of Intent
Receiving a notice of intent to sue is a common occurrence for hospitals and health systems, so common that it may be unclear how to respond to each one. After all, many of the notices will amount to nothing in the end, so it can be tempting to delay or even avoid a response.
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CMS May Introduce New Patient Safety Measure
Centers for Medicare & Medicaid Services is considering a new quality measure aimed at assessing hospitals’ success with implementing patient safety strategies.
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New DOJ Whistleblower Program Greatly Increases Risk
A new whistleblower program from the U.S. Department of Justice will create more risks for healthcare organizations in areas not previously susceptible to whistleblower reports. The best defense is a thorough system that allows concerned employees to report possible fraud and prompts a meaningful response.
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North Carolina Federal Court Allows Doctor’s Claims to Proceed Against Hospital for Erroneous Report to the National Practitioner Data Bank
A gynecologic oncologist filed a lawsuit against his former employer, a hospital, after a report filed by the hospital with the National Practitioner Data Bank allegedly caused significant damage to his career.
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Pennsylvania Jury Awards $45 Million Verdict to Patient Who Received Inadequate Discharge Instructions
In 2021, the plaintiff filed a lawsuit against the hospital for negligence. The allegations included the inadequate swallow test, premature discharge, and failure to provide proper post-discharge care instructions. A jury found the hospital liable, awarding nearly $45 million to the plaintiff, emphasizing the severe consequences of the hospital’s negligence.
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Many Ethics Concerns with Involuntary Psychiatric Holds
Hospitals continue to see a surge of psychiatric patients. Some end up being held involuntarily, raising multiple ethical concerns.