Healthcare Risk Management – May 1, 2024

Attorney-Client Privilege Is Vital, but Know Limitations

Attorney/client privilege can be vital in defending malpractice cases and managing other risk management issues. But sometimes, it is misunderstood by risk managers in healthcare, and missteps can have significant implications. Understanding attorney-client privilege is the first step to taking advantage of this important protection.

Compliance Requirements Continue to Change, Need Close Attention

Healthcare compliance is a never-ending challenge, and the expectations change constantly. Staying abreast of new developments is essential. Some of the latest involve the False Claims Act, Medicare risk adjustments, and HIPAA enforcement.

Supreme Court Ruling Changes View of Wrongful Intent

A Supreme Court ruling is changing how a defendant’s knowledge of wrongdoing and intent to commit fraud is viewed in civil cases. The ruling has significant implications for healthcare cases in which the False Claims Act is involved.

Anti-Kickback Ruling Undercuts Some False Claims Act Cases

Courts are beginning to question how aggressive whistleblowers and government lawyers are concerning the use of the Anti-Kickback Statute as a predicate act for a False Claims Act violation.

Compassion Fatigue Threatens Patient Safety

Nurses are experiencing compassion fatigue more than ever — and patient safety can suffer as a result. Long hours, staff shortages, and emotional and physical exhaustion have contributed to about 100,000 registered nurses leaving the workforce during the pandemic due to stress, according to a recent report.

Appeals Court Affirms Exclusion of Evidence and Defense Verdict After Delivery of Newborn

A recent medical malpractice case in Ohio provides an important primer on the evidence that plaintiffs can use to try to establish malpractice.

Appellate Court Affirms Trial Court’s Grant of Summary Judgment in Drowning Case

The Georgia Court of Appeals recently upheld a trial court’s decision granting summary judgment to the defendants in a medical malpractice suit following the accidental drowning death of a patient after he was discharged from the hospital.