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Metadata Find Way Into ED Malpractice Litigation
It can help ED providers, hospitals, or plaintiffs prevail, assuming the information can be interpreted correctly.
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Potential Liability Exposure for EDs Regarding HHS Conscience Rule
The rule should not change anything in terms of the care provided in EDs.
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Security Footage of ED Waiting Room Likely Admissible
Some factors that can determine the admissibility of this footage include visibility of other individuals, the ED’s physical layout in terms of making the event observable, and the fact that time-lapse recordings were used.
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Recent Data on Claim-Prone MDs Carry Many Legal Implications for EDs
Often, ED colleagues are in the best position to detect problems with care. Hospital leaders should look for repeated behaviors alleged in multiple cases.
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Attorneys Use EMTALA in False Claims Act Lawsuits — So Far, Unsuccessfully
The Department of Justice moved to dismiss several recent False Claims Act lawsuits based on alleged EMTALA violations. Future similar lawsuits are possible, but unlikely. Still, ED providers should watch the lawsuits closely, since FCA actions linked to EMTALA violations are theoretically possible.
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Physician Health and Malpractice Risk: A Look at Holmes v. Lyons
If a state board licensing investigation is initiated, it is wise to immediately consult an attorney who is familiar with applicable law. Cases like these are a challenging factor in the tension between physician wellness and the shift to a culture of openness about physician wellness and medicolegal risk. Physician involvement in shaping how the states manage these issues has the potential to positively affect the health of both physicians and their patients.
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‘Level of Service’ Denials Cropping Up; Revenue Lost
Health plans may claim that patients failed to meet the criteria for inpatient care, meeting the criteria for observation status only instead. Often, these criteria do not follow the CMS inpatient procedure list. These conflicts cause a lot of confusion, which can be costly for hospitals.
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Push Back if Planned Changes Are Bad for Patient Access
Both patient access and billing staff are part of the revenue cycle; however, they do not really feel like colleagues since they never see one another at work. Bringing these groups together could lead to various improvements.