Healthcare Risk Management – June 1, 2022
June 1, 2022
View Issues
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Nurse’s Criminal Conviction Could Chill Safety Investigations
A former nurse was recently found guilty of negligent homicide related to a medication error. She admitted to overriding a safeguard before administering the wrong medication to a patient. The case may negatively affect safety investigations.
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Improve Patient Safety with Employee Rewards, Celebrations
Active engagement with employees can help improve patient safety. Build a culture of safety by showing employees how much their contributions matter. -
Hospitals Underreport to NPDB, Creating Doubt
The Department of Justice recently announced a large healthcare system in the Northwest agreed to pay more than $22 million to settle allegations that two former spine surgeons falsified or exaggerated patient diagnoses and performed unnecessary surgeries. The case is the latest to show how problematic physicians often are not reported to the National Practitioner Data Bank. -
Improve Handoffs with Patient Care Partners
Quality patient handoffs are crucial to patient safety. They can be improved by expanding the scope of a handoff to include discharge. Hospitals can proactively ensure every patient is discharged with someone who is prepared to help the patient recover at home, or prepared to find others who can and will. -
Many ED Malpractice Claims Are Rooted in Poor Communication
Most ED patients are, at some point, handed off to other providers — admitting physicians, the ICU team, on-call consultants, or primary care physicians. Good communication is crucial in the ED. -
Allegations of Failure to Diagnose Resulting in Toddler’s Death Sufficient for Malpractice
This case reveals a common theme in medical malpractice actions: the critical importance of expert witnesses and testimony. As often is the case, both sides presented testimony from expert witnesses — qualified physicians who would support the actions taken by the respective side in the prosecution or defense of the litigation.
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Failure to Perform Sterilization Leads to Unwanted Pregnancy, Litigation
This case presents lessons about consent, notice, and records issues as well as interesting aspects of damages for this rather unique malpractice action. This case is a twist on consent and notice whereby the patient wanted a procedure, requested it, paid for it, and believed she received it. -
Breach Report Reveals 61% Increase in Breaches Affecting 500+
OCR recently submitted a report to Congress setting forth the HIPAA breaches and complaints reported in 2020 as well as the enforcement actions taken by OCR. For 2020, OCR reported 656 notifications of breaches affecting 500 or more individuals, 66,509 notifications of breaches affecting fewer than 500 individuals, and 27,182 complaints alleging violations of HIPAA and the HITECH Act. -
OCR Researching How Covered Entities Implement Security Practices
OCR recently released a request for information soliciting public comment on how regulated entities are voluntarily implementing security practices under the HITECH Act. It also is seeking public input on sharing funds collected through enforcement with individuals who are harmed via HIPAA violations.