Healthcare Risk Management – November 1, 2022

Video Recording Raises Risk, Requires Policy Consideration

Video recording has been problematic in healthcare for decades, ever since the home video camera became common. With the proliferation of smartphones and remote video monitoring, hospitals and health systems are facing a new wave of questions and potential risks from video recording in patient care settings.

Handwashing Compliance Often Not as Good as Leaders Hope

Hand hygiene is fundamental to patient safety. But for many healthcare organizations, maintaining compliance with good handwashing practices is a challenge. Compliance seemed to improve at many facilities during the COVID-19 pandemic, but some research suggests clinicians are regressing to old habits.

Court Issues Ruling on False Claims Act

Healthcare providers received some news from the United States Court of Appeals for the Eighth Circuit, with a ruling that makes proving fraud or falsity under Anti-Kickback Statute more difficult.

Feds Serious About Preventing Discrimination in Telehealth

The HHS Office for Civil Rights and the Department of Justice are signaling they will take seriously any discrimination against protected classes in the delivery of telehealth services. Hospitals and health systems must make sure they are providing reasonable accommodations when needed.

Nurse Practitioner Liability Increasing, Risk Managers Should Advise

The average total incurred amount of a nurse practitioner malpractice claim has risen sharply over five years. Risk managers can use recent data to help educate nurse practitioners and reduce their risk.

Track the Right Safety Indicators for Best Results

Risk managers can track leading indicators to assess safety improvement efforts, but there is no uniform set of leading indicators for hospitals and health systems. Knowing which indicators to track can make your risk management program more effective.

Contraceptive Injection Mix-Up Leads to Unwanted Birth, $10 Million Verdict

There are two principal ramifications arising from this decision that relate to a healthcare provider’s failure to adhere to the accepted standard of contraceptive care. First, a patient’s reason for seeking reproductive healthcare does not limit the scope of a negligent provider’s liability as a matter of state law.

Appeals Court Reverses Hospital’s Summary Judgment Due to Lack of Communication

This case highlights the importance of communication. In this case, a lack of communication was the material issue that prevented the defendant from adjudicating its liability.