Healthcare Risk Management – November 1, 2025

Social Media Posts Create Risk, Can Require Discipline

Recent events have shown the risks posed to healthcare employers by social media posts that inflame controversial issues or denigrate patients. Hospitals and health systems are well within their rights to take disciplinary action against employees who post offensive material on social media

Blockbuster Birth Injury Verdict Holds Lessons

A Utah hospital has been hit with a verdict of nearly $1 billion after a baby experienced birth injuries that will lead to lifelong disabilities. The case holds lessons for management of both obstetrics and malpractice litigation.

DOJ Scrutinizing Physician-Hospital Arrangements

The Department of Justice is intensifying its scrutiny of physician-hospital arrangements, heightening the need for strict compliance with the Stark Law and Anti-Kickback Statute, which safeguard patient care from financial influence.

Texas Appeals Court Tosses Malpractice Case Over Defective Expert Report

A Texas appellate court has thrown out a surgical “foreign object” malpractice suit after concluding the plaintiff’s expert report failed to comply with the Texas Medical Liability Act. The Fourth Court of Appeals held that the plaintiff’s report did not implicate the specific physician alleged to be negligent and therefore amounted to “no report” as to that doctor. The court reversed the trial court’s order denying dismissal and remanded the case with instructions to dismiss the claims against the physician with prejudice and award fees and costs — as the statute requires.

Plaintiff’s Expert Not Qualified in Facelift Malpractice Suit in Texas

A Texas appeals court has reversed a trial judge’s decision to let a facelift malpractice case proceed, ruling that the plaintiff’s chosen expert, a board-certified anesthesiologist, was not qualified to testify about the standard of care for a cosmetic surgeon or a surgery center. The decision underscores a critical point in medical malpractice litigation: that an expert’s qualifications must align with the type of care at issue. Simply holding a medical license or certification is not enough.