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Every risk manager eventually faces that malpractice lawsuit that seems too big, too tragic, too difficult to fight. When the circumstances are terrible and you can't imagine trying to explain your actions to a lay jury, the temptation can be strong to just settle it and make it go away - even if that means paying a large sum beyond your insurance limits.
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David V. Kramer, JD, an attorney with DBL Law in Crestview Hills, KY, points out that a disclaimer on the consent form must be worded carefully to ward off claims of "apparent authority."
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Don't assume that your insurer will cover mold-related liability, cautions David Dekker, JD, an attorney specializing in construction for Howrey LLP in Washington, DC.
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Most health care providers are more at risk for mold toxicity than the Florida hospital now facing lawsuits related to pediatric deaths, says one mold suppression expert.
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High-powered Tampa, FL, attorney Steve Yerrid, JD, says the three children at the center of the lawsuit against St. Joseph's Hospital did not have to die from toxic mold. If only the hospital had taken the right steps to control the risks associated with a construction project, the children might have survived, he says.
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The deaths of three young cancer patients within a month of each other at St. Joseph's Hospital in Tampa, FL, were caused by toxic mold released during a hospital construction project, according to a lawsuit brought by the parents.
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Risk managers take some solace in knowing that not every allegation of malpractice will fall on the hospital, that sometimes the individual physician or physician group will be responsible for defending the claim. But there is cause for concern with a recent court ruling that could increase the chance of the hospital being held responsible under the "apparent authority" concept.
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This is the second of a two-part series on use of performance indicators in patient access. This month, we tell you how to use these data as tools to motivate staff. Last month, we covered ways to develop the most effective scorecards.
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One hundred percent of scheduled cases authorized - that is the goal set by Boston-based Massachusetts General Hospital's financial access unit.
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Hospitals struggling to decrease their rates of health care-associated infections such as Methicillin-resistant staphylococcus aureus (MRSA) may want to consider a new strategy: Hiring more staff.
