Healthcare Risk Management
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New York case law debates emergency doctrine
Case law on the use of the emergency doctrine in medical malpractice cases varies from state to state, but New York experience shows that the theory is at least considered worthy of debate.
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The Emergency Doctrine and Medical Malpractice
The emergency doctrine in medical malpractice cases states that emergency conditions might warrant holding defendants to a lower standard of care.
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Advice on how you can choose between captives and large deductible policies
(This is the second month of a two-part series on large deductible policies and captive insurance companies. In last month’s issue, Zuckerman discussed the basics about the two most popular options for risk financing: large deductible insurance plans and captive insurance companies. Part two of this report further explores captives and large deductibles, and it discusses how to reach a risk financing decision that suits your organization.)
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Increase in ‘Super Losses’ Could Affect Your Medical Malpractice Premiums
A trend toward more medical malpractice with payouts of more than $5 million might affect premiums even for hospitals that have no such history.
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Fetal distress a common OB claim
Miscommunication among the clinical team and substandard clinical judgment are among the most common causes of patient injury leading to obstetrics (OB) claims, according to "2010: Annual Benchmarking Report, Malpractice Risks in Obstetrics" released recently by Crico Strategies, the medical malpractice company owned by and serving the Harvard medical community in Cambridge, MA. -
OB program aims to cut claims, improve safety
The nation's largest Catholic and nonprofit healthcare system is launching a demonstration project to determine best methods to reduce or eliminate birth complications and at the same seeking to avoid obstetrics claims through a renewed emphasis on transparency and full disclosure. -
Team investigates OB adverse events
The medical liability response model being implemented in the OB units of five Ascension Health hospitals model emphasizes the need for clinicians to report all events that could result in a lawsuit. -
Key to OB safety effort: high-reliability concepts
Ascension Health, the nonprofit health system based in St. Louis, MO, already had made progress in reducing injuries to newborns and the associated management of risk exposures before launching the Excellence in Obstetrics program, says Christine K. McKoy, JD, the system's vice president of risk management. -
Document disclosure efforts carefully to avoid legal pitfalls down the road
With all the push for full disclosure of adverse events in the past few years, a new problem has arisen for risk managers who support telling patients and family members the whole truth. -
Sample disclosure note to put in patient record
This is an example of how Fay Rozovsky, JD, MPH, president of the Rozovsky Group, a risk management firm in Bloomfield, CT, suggests a disclosure conversation should be documented