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  • Settling Too Soon? Expect Long-Term Consequences

    Taking a malpractice case to trial is never something you look forward to, but settling the case is not always the best alternative. Knowing when to settle, and when not to, can be critical in minimizing your losses from a malpractice allegation, says Catherine J. Flynn, JD, an attorney with the law firm of Carroll McNulty and Kull in Basking Ridge, NJ.

  • 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.

  • 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.

  • 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.

  • $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.

  • 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.

  • Promising Results for Treating Glioblastoma

    New data opens door to important treatment previously unavailable to certain patients.

  • AHA Continues Fight Against OIG Reviews

    The American Hospital Association is continuing its campaign against the ongoing hospital compliance reviews conducted by the Department of Health and Human Services Office of Inspector General, which it says are not conducted fairly.

  • TJC Launches New SAFER Scoring Matrix

    The Joint Commission is launching a new matrix for identifying deficiencies cited during surveys, hoping the new format will help hospitals prioritize and focus corrective actions.