Healthcare Risk Management – June 1, 2023

Reality TV Shows Still Pose Great Risks to Hospitals

Even after hospitals were fined millions of dollars for participating in reality TV shows, some healthcare facilities are allowing cameras in again. The experience comes with great risk. The Office for Civil Rights has penalized hospitals for HIPAA violations related to reality TV.

Sentinel Events Increased in 2022, Fall Reports Up Sharply

The Joint Commission’s latest report on sentinel events shows a 19% increase from 2021 to 2022. Falls, which were the most common sentinel event, increased almost 27%.

Telemedicine Rule Changes Will Require Tighter Compliance

The Drug Enforcement Administration’s proposed telemedicine rules in response to the end of the Public Health Emergency could carry important implications for physicians and employers who use telemedicine to communicate with patients. In-patient visits will be required for certain controlled substances.

CEASE Bundle Alleviates ICU Alarm Fatigue

Nurses in an ICU successfully alleviated alarm fatigue with a bundle. The CEASE bundle focuses on changing electrodes and using appropriate monitors.

MRI Safety Requires Good Policies, Signage, and Education

MRIs provide valuable information that can be vital to patient care, but they also are powerful machines that can injure or kill people when proper precautions are not taken. The potential liability from such accidents is significant.

Does a Clinical Decision Aid Constitute the Legal Standard of Care?

Each emergency physician should undertake the appropriate medical approach to evaluating a patient, regardless of any recommended course of action. The medical record should support using the recommended path or justify another course of action.

Misdiagnosis Leads to Premature Emergency Delivery, Severe Brain Damage, and $34 Million Verdict

Misdiagnosis or delayed diagnosis is one of the most — if not the most — common causes of medical malpractice claims. A failure to timely diagnose a condition may render the subsequent treatment ineffective or may preclude any treatment.

Catastrophic Birth Injury Results in $7.75 Million Award and Insurance Litigation

This case provides lessons concerning aspects of malpractice litigation that do not focus on challenging the actions of the care providers. Just as providers owe duties to their patients, insurance providers have their own set of duties and obligations that are owed to their insureds. A failure to abide by those duties may subject the insurer to liability from their insured, as resulted in this case.

Breaches Sometimes Kept Secret, but Decision Is Highly Dangerous

Cybersecurity professionals often are told to keep breaches confidential, according to a recent survey that suggests healthcare organizations may be risking serious consequences for not reporting the improper loss of protected health information controlled by HIPAA.

OCR’s Report to Congress Shows Increase in Complaints

The Office for Civil Rights’ annual report to Congress showed “significant increases” in HIPAA complaints — 34,077 new complaints in 2021, a 25% increase from 2020. Complaints increased 39% from 2017 to 2021.

Email Retention Requirements for HIPAA Often Misunderstood

HIPAA requires that certain emails and other electronic communications be retained for a set period, but covered entities often misunderstand exactly what must be saved and for how long. The Security Rule requires healthcare organizations and health plans to retain electronic communications containing HIPAA policies and procedures for at least six years.