Healthcare Risk Management – November 1, 2020
November 1, 2020
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$50 Million Stark Settlement Shows Risk of Violation, Whistleblowers
The recent $50 million settlement by a West Virginia hospital shows the danger of violating or skating on the edge of federal laws regarding kickbacks. It also shows the vulnerability of healthcare organizations to current and former employees who are willing to allege wrongdoing to get a piece of the recovered funds.
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Privacy Concerns with Telehealth Should Prompt Review
With the use of telehealth increasing in response to the COVID-19 pandemic, there is growing concern the technology may pose risks to patient privacy. In particular, any telehealth services quickly established at the beginning of the pandemic may need a close review to ensure they do not result in data breaches.
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Malpractice Risks of Telehealth Still Being Determined
Risk managers should be wary of the malpractice risks associated with telehealth, according to several experts who say the sudden increase in usage may have introduced insufficiencies that should be assessed now.
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Appeals Court Affirms $9.2 Million Noneconomic Damages Award in Medical Battery Case
The most important lesson for physicians and care providers from this case is to always receive fully informed consent for the actual procedure performed. Receiving consent beforehand is a prerequisite, but if the circumstances change, or if a modification to the procedure appears appropriate, seek and receive consent again.
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Court Rules Defendants Must Face Malpractice Suit After Botched Delivery, Death of Twin
As with many medical malpractice cases, the primary issues in this case revolve around expert witnesses, who are almost always necessary and who can make or break a malpractice defense.