Healthcare Risk Management – May 1, 2023

One Year After Landmark Case, Criminal Convictions Remain a Risk for Providers

Criminal prosecutions of clinicians continue after a highly publicized case in 2022. Recent charges indicate nurses and other healthcare workers remain at risk. Rehabilitation centers and nursing homes often are the source of incidents that lead to criminal charges.

VA Finds Major Patient Safety Issues in New EHR

The Department of Veterans Affairs reported significant problems with its effort to implement a new EHR that could affect patient safety. Hospitals and health systems using the same EHR may need to investigate whether they are experiencing the same issues.

Fake Diplomas Pose Risk to Healthcare Employers

Employees with falsified credentials can pose a serious threat to patient safety and expose healthcare employers to great liability. Civil and regulatory consequences can occur.

DOJ Withdraws Support for Antitrust Safety Zones in Healthcare

The Department of Justice’s Antitrust Division recently withdrew its support from three joint statements with the Federal Trade Commission that created antitrust safety zones for the healthcare industry. Risk managers should consider how this change affects their employer’s exposure to antitrust charges.

CMS Changes Protocols for Stark Law Self-Disclosures

CMS recently announced updates to its voluntary self-referral disclosure protocol, including changes made to streamline submissions. The revised process makes three key changes to reduce burdens on self-disclosing providers.

Pediatric Mental Health Crisis Is ECRI’s Top Safety Concern for 2023

The pediatric mental health crisis is No. 1 on ECRI’s top 10 patient safety concerns for 2023.

Deadline Bars Medical Malpractice Claims and Wrongful Death Claims

On the substantive medical side, the obvious negligence inflicted on the patient by both a healthcare facility and physicians must be addressed first. This case also illustrates the legal interplay between three timing rules and is a strong example of how a state’s application of those rules can drastically affect a case.

Surgeon Prevails When Patient’s Expert Cannot Tie Injury to Allegedly Negligent Surgery

The failure to admit medical records was a big problem for the plaintiff’s case, as was the expert’s failure to directly address how the mesh plug caused the patient’s pain. In defending these kinds of cases, it is important for defendants and their counsel to force the plaintiff to honor the rules of evidence to admit their exhibits and to prove causation, whether through expert testimony or otherwise.