Healthcare Risk Management
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Executive Protection May Need Review After CEO Killing
The shooting of Brian Thompson in December 2024 has brought attention to the security needs of healthcare executives, with some in the industry suggesting that organizations should devote resources to increased protection.
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How You Respond to Lawsuit Notices Makes the Difference
Receiving notice of a lawsuit can ruin any risk manager’s day, but how you respond can dictate the ultimate outcome. The best approach is to have a plan in place and execute it carefully once you receive the news.
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HIPAA Resuming Audits; Know What to Expect
The Office of Civil Rights recently resumed audits for HIPAA compliance, meaning some covered entities will be visited for a thorough check that could have serious ramifications. Knowing what to expect can reduce the risk and stress.
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Manage Third-Party Vendor Relationships Carefully
Third-party vendors pose a significant risk to a healthcare organization’s HIPAA compliance program, but those risks can be mitigated by diligently following best practices.
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Court Holds That Failure to Order Tests May Shift Burden of Proof to Defense
On Feb. 28, 2025, a California appellate court ordered the trial court below to vacate its ruling denying a plaintiff’s request for a special jury instruction. The trial court had denied the plaintiff’s request for a jury instruction shifting the burden of proof on causation to the defendant in the plaintiff’s medical malpractice action because of the absence of evidence that the plaintiff would otherwise need to prove the case. However, the appellate court felt that was unfair to the plaintiff and disapproved.
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Florida Jury Awards $45 Million After Healthcare System Found Reckless
In July 2020, a 55-year-old experienced a severe heart attack requiring immediate intervention. Rather than directing emergency responders to a nearby hospital equipped to treat the condition, a healthcare system admitted the patient to one of its smaller hospitals and delayed care by transferring him to a larger, in-network facility farther away. The transfer was marred by 90 minutes of delay. When the patient finally arrived, efforts to stabilize him failed, and he died shortly after. The patient’s family alleged that the healthcare system’s internal policies placed business interests ahead of the patient’s survival, a claim that clearly resonated with the jury. Although the defendant invoked Florida’s Good Samaritan Act to argue for immunity under the “reckless disregard” standard, the jury found that the delays constituted reckless conduct.
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EHR Faults Affect Some Specialties More
A survey of rehab therapy leaders from private practices, hospitals, and contract therapy organizations indicates that the known deficiencies in electronic health records may affect some specialties more than others.
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OCR Imposes $1.5 Million Civil Monetary Penalty
The Office of Civil Rights recently announced a $1.5 million civil money penalty (CMP) for HIPAA violations against Warby Parker, the online retailer of prescription and non-prescription eyewear. The case highlights the need for a prompt and effective response after a breach.
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Continuing Concern Over Liability from AI in Healthcare
Risk management concerns were raised as soon as healthcare providers started using artificial intelligence, and the fears are keeping pace with the increasing presence of the technology.
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Nurse Case Managers Can Cut Workers’ Comp Costs
Risk managers should consider using nurse case managers for workers’ compensation cases, even though there can be an additional cost.