Healthcare Risk Management
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New DOJ Whistleblower Program Greatly Increases Risk
A new whistleblower program from the U.S. Department of Justice will create more risks for healthcare organizations in areas not previously susceptible to whistleblower reports. The best defense is a thorough system that allows concerned employees to report possible fraud and prompts a meaningful response.
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North Carolina Federal Court Allows Doctor’s Claims to Proceed Against Hospital for Erroneous Report to the National Practitioner Data Bank
A gynecologic oncologist filed a lawsuit against his former employer, a hospital, after a report filed by the hospital with the National Practitioner Data Bank allegedly caused significant damage to his career.
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Pennsylvania Jury Awards $45 Million Verdict to Patient Who Received Inadequate Discharge Instructions
In 2021, the plaintiff filed a lawsuit against the hospital for negligence. The allegations included the inadequate swallow test, premature discharge, and failure to provide proper post-discharge care instructions. A jury found the hospital liable, awarding nearly $45 million to the plaintiff, emphasizing the severe consequences of the hospital’s negligence.
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CrowdStrike Crisis Leaves Lessons for Healthcare
The CrowdStrike debacle affected many health systems and hospitals, shutting down critical systems and forcing many to delay or cancel procedures.
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Changes to Substance Abuse Disorder Records Rules
Health and Human Services recently made changes to the confidentiality of substance use disorder records, providing that Part 2 violations now will be subject to both criminal and civil penalties.
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Supreme Court Ruling Could Be ‘Sea Change’ for Healthcare
The Supreme Court ruling reversing the earlier Chevron determination giving deference to federal agencies to interpret rules will have a significant impact on the healthcare industry, but the effects will not come all at once.
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Chevron Ruling Will Bring Uncertainty to Healthcare Compliance
The Supreme Court’s recent ruling sharply reducing the power of federal agencies to interpret the laws they administer might produce major changes in healthcare compliance in the coming years.
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Texas Appellate Court Affirms Dismissal of Medical Malpractice Plaintiff’s Complaint for Failure To Observe Procedural Requirements
Recently, a Texas appellate court affirmed the dismissal of a plaintiff’s medical malpractice action after she failed to comply with Texas procedural rules.
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Important Lessons for Medical Providers from Case Against Surgical Device Manufacturer Accused of Faulty Design
A federal court in Florida recently allowed claims to proceed against a surgical device company after the death of a patient whose doctor used the instrument on her during the surgery. The plaintiff, diagnosed with colon cancer, filed a lawsuit against the manufacturer of the device, claiming that the injury resulted from a defect in the device’s insulation.
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Hospital Terminates Employees for Allowing Another To Do Their Jobs
A Boston hospital recently announced that it terminated two employees over a privacy breach after an investigation determined that they allowed a third person, not an employee of the hospital, to perform some of their job duties. That person might have accessed patient protected health information, the hospital said.