Healthcare Risk Management
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Telemedicine Rule Changes Will Require Tighter Compliance
The Drug Enforcement Administration’s proposed telemedicine rules in response to the end of the Public Health Emergency could carry important implications for physicians and employers who use telemedicine to communicate with patients. In-patient visits will be required for certain controlled substances.
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Sentinel Events Increased in 2022, Fall Reports Up Sharply
The Joint Commission’s latest report on sentinel events shows a 19% increase from 2021 to 2022. Falls, which were the most common sentinel event, increased almost 27%.
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Reality TV Shows Still Pose Great Risks to Hospitals
Even after hospitals were fined millions of dollars for participating in reality TV shows, some healthcare facilities are allowing cameras in again. The experience comes with great risk. The Office for Civil Rights has penalized hospitals for HIPAA violations related to reality TV.
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ChatGPT Provides Solid Responses to Virtual Medical Questions
Artificial intelligence tool provided empathetic, quality answers to online queries, which could help clinicians save time on electronic health record documentation work.
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Legal Exposure for EDs if On-Call Consultant Refuses to See Patient
There are multiple tactics to secure a consult, even if a specialist is busy. However, if a bad outcome occurs because there was no consult, clinicians should not play the blame game.
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Surgeon Prevails When Patient’s Expert Cannot Tie Injury to Allegedly Negligent Surgery
The failure to admit medical records was a big problem for the plaintiff’s case, as was the expert’s failure to directly address how the mesh plug caused the patient’s pain. In defending these kinds of cases, it is important for defendants and their counsel to force the plaintiff to honor the rules of evidence to admit their exhibits and to prove causation, whether through expert testimony or otherwise.
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Deadline Bars Medical Malpractice Claims and Wrongful Death Claims
On the substantive medical side, the obvious negligence inflicted on the patient by both a healthcare facility and physicians must be addressed first. This case also illustrates the legal interplay between three timing rules and is a strong example of how a state’s application of those rules can drastically affect a case.
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Pediatric Mental Health Crisis Is ECRI’s Top Safety Concern for 2023
The pediatric mental health crisis is No. 1 on ECRI’s top 10 patient safety concerns for 2023.
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CMS Changes Protocols for Stark Law Self-Disclosures
CMS recently announced updates to its voluntary self-referral disclosure protocol, including changes made to streamline submissions. The revised process makes three key changes to reduce burdens on self-disclosing providers.
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DOJ Withdraws Support for Antitrust Safety Zones in Healthcare
The Department of Justice’s Antitrust Division recently withdrew its support from three joint statements with the Federal Trade Commission that created antitrust safety zones for the healthcare industry. Risk managers should consider how this change affects their employer’s exposure to antitrust charges.