Healthcare Risk Management
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Hospital Wins Dismissal After Expert Nurse Excluded in Neonatal Injury Suit
In a professional negligence case, an appellate court affirmed summary judgment in favor of a healthcare provider after the plaintiffs failed to present admissible expert evidence on both breach of care and causation.
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Failure to Match Board Certifications Leads to Malpractice Case Dismissal
In a medical malpractice case, an appellate court affirmed the dismissal of a wrongful death claim against a critical care physician because of the plaintiff’s failure to submit a compliant affidavit of merit.
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Telehealth Requires Scrutiny on Standard of Care
Healthcare organizations continue to face potential liability from telehealth issues and must take steps to ensure patients receive quality care no matter the method of delivery.
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AI Becoming New Threat to Data Security
The increasing use of artificial intelligence is posing a new type of threat to the security of patient data and financial information.
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Misuse of Opioids Leading to More Fraud Investigations
Opioid-related fraud litigation is a trend continuing to gain momentum in FCA enforcement.
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The Evolution of the False Claims Act
Waste, fraud, and abuse have plagued the United States government for more than 150 years.
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DOJ Targeting Healthcare for False Claims Act Enforcement
Federal regulators and law enforcement are looking hard at healthcare organizations for False Claims Act (FCA) violations at the same time other sectors are enjoying less scrutiny. Healthcare leaders should take a hard look at their compliance programs to ensure they are doing all they can to avoid FCA enforcement actions.
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Georgia Supreme Court Revives Vicarious Liability Claim
The Georgia Supreme Court has revived a vicarious liability claim in a medical malpractice lawsuit that raises important questions about the role of medical students and the legal responsibility of supervising physicians. The case stems from a surgical injury that occurred during a 2019 hysterectomy, in which a medical student under the supervision of two attending physicians allegedly caused harm by misplacing a surgical instrument.
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Trial Court’s ‘Confusing’ Instruction Did Not Doom Verdict, Appeals Court Says
A Georgia appellate court has reinstated a defense verdict in a closely watched medical malpractice case arising from complications following a total knee replacement. The case centered on a plaintiff who alleged that a surgeon failed to promptly diagnose and treat a postoperative infection in his left knee.
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Alternative Dispute Resolution Underused in Most Hospitals
Hospitals have been slow to make use of alternative dispute resolution (ADR) agreements to avoid litigation and bring about more satisfactory conclusions to claims.