Healthcare Risk Management – March 1, 2010
March 1, 2010
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Katrina lawsuit could bring new liability risk for hospitals
A recent legal battle in New Orleans could have far-reaching implications for health care providers across the country, opening up new areas of vulnerability related to emergency preparedness. -
Suit claims failure to prepare for flood
In its ruling that LaCoste did not fall under Louisiana's medical malpractice law requiring a panel review and imposing a $500,000 cap on jury awards, the Louisiana Supreme Court summarized the case against Pendleton Memorial Methodist Hospital: -
Evacuation insurance can address some disasters
When disaster strikes, deciding whether to flee or stick it out can be difficult even for individuals, but it is a particularly vexing problem for health care providers. In addition to the sheer logistical complexity, evacuating a hospital brings the risk of injury to patients, the associated liability, and major expenses. -
Joint Commission may expect more than local codes
Pendleton Memorial Methodist Hospital in New Orleans pointed out that it had met all local building and safety codes regarding its emergency generators, but that may not be a high-enough standard. The Joint Commission in Oakbrook Terrace, IL, has expectations regarding emergency preparedness that may exceed any local requirements. -
Hospital's apology ends contentious litigation
For three weeks, lawyers representing Kent Hospital in Rhode Island were in Kent County Superior Court in Warwick, RI, battling with the attorneys representing the family of actor James Woods. -
Mandatory review panels pushed for tort reform
With the ongoing debate over health care reform, the idea of malpractice tort reform has gotten short shrift, but some analysts are saying the time is right to address out-of-control malpractice risks by instituting a mandatory physician review panel. Others say no, that such a system would inevitably be biased in favor of the health care defendants. -
CT AG is first to file suit under HITECH
It has begun. Connecticut Attorney General Richard Blumenthal, JD, has taken the first action by a state attorney general involving violations of the Health Insurance Portability and Accountability Act (HIPAA) since the Health Information Technology for Economic and Clinical Health Act (HITECH) authorized state attorneys general to enforce HIPAA. -
Doctor accused of covering up transplant patient switch
A surgeon who was the director of the liver transplant program at St. Vincent Medical Center in Los Angeles was indicted recently by a federal grand jury for allegedly lying to the national organ transplant network. -
Joint Commission updates site-marking procedure
Site marking to eliminate wrong-site surgery is not required when the incision site is not certain before surgery begins, according to a clarification from The Joint Commission in Oakbrook Terrace, IL. -
LR&C: Jury awards $200,000 in Indiana invasion of privacy case
A girl was admitted to a psychiatric facility after her parents found evidence of the girl having suicidal thoughts. The parents requested in writing that the hospital not send any records of the admission to the girl's school. -
LR&C: Alleged failure to diagnose, monitor: Case settled
A woman presented at two hospital emergency departments (ED) complaining of a number of respiratory symptoms. She was not admitted and was sent home with a prescription.