Healthcare Risk Management – December 1, 2025

Nursing Elevated to Patient Safety Goal by Joint Commission

The Joint Commission is adding nurse staffing to its national performance goals, which means that, as of Jan. 1, 2026, hospitals seeking accreditation will have to meet specified standards for nurse staffing and management.

Secret Recordings Pose Risk to Clinicians and the Facility

Secret recordings in a healthcare setting can pose a number of liability risks, so healthcare organizations should have clear policies that control various types of recording. The problem of secret recordings has grown exponentially now that nearly everyone has a smart phone and is comfortable recording all aspects of their lives.

Data Breaches on the Rise

Data breaches continue to increase in number, and healthcare organizations still are a top target. The attacks are becoming more sophisticated as they focus on healthcare employees’ private devices used away from work.

Nurse Fraud Crackdown Shows Risk to Hospitals

The latest federal crackdown on fraudulent nursing degrees shows the risk posed to patient safety by employees who were hired without the proper credentials. Healthcare organizations employing them face substantial liability risk.

Virginia Appeals Court Vacates $2.5 Million Verdict Over Omitted Jury Instruction

A Virginia appellate court has overturned a $2.5 million medical malpractice verdict after finding that the trial judge erred by refusing to instruct the jury on the doctrine of superseding cause. The opinion underscores how critical jury instructions are in shaping negligence cases and highlights the continuing importance of foreseeability in determining legal causation.

NJ Appeals Court Affirms Full Liability for Surgeon Despite Shared Fault

A New Jersey appellate court has affirmed a trial court’s ruling that a surgeon found 60% at fault in a patient’s death must pay the entire $1.6 million verdict. The decision underscores how the state’s Comparative Negligence Act imposes full responsibility on defendants whose share of fault meets or exceeds 60%, even when other medical professionals are partly to blame.

Patient Photos in Marketing Materials Pose HIPAA Risks

The Office of Civil Rights (OCR) recently announced a settlement with five healthcare providers in a case that illustrates the dangers of using patient photos in marketing materials. HIPAA violations are possible even when the patient photos seem innocuous and do not reveal medical information.