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A pregnant woman presented to a hospital emergency department (ED) for delivery of her third child. Because of her high-risk pregnancy, the woman was scheduled for a cesarean. The cesarean was performed, followed by a hysterectomy. However, complications arose during the hysterectomy, and the woman slipped into a coma and died three days later.
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A young girl was brought to a hospital for an infection following the removal of her appendix and was admitted to the pediatric intensive care unit. An antifungal drug suitable for children was prescribed, but due to an alleged pharmacy error, the adult version of the drug was dispensed and administered. The girl had an adverse reaction to the drug and suffers from post-traumatic stress disorder (PTSD).
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Risk managers across the country cheered when they heard of dramatic decrease in the number of malpractice lawsuits filed in Tennessee after reform efforts there, wondering if the same experience might be replicated in their own states.
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The Joint Commission has been working closely with several other organizations, including the National Association of Psychiatric Health Systems and the National Association of State Mental Health Program Directors, to collect data and further define the standard of care in psychiatry, notes Alan Lambert, MD, JD, chair of health care practice with the law firm of Butzel Long in New York City.
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It's a common scenario in any health care facility, especially hospital emergency rooms: The local police ask the nurse or doctor for information about a patient who is either a suspect, a victim, or a witness to a crime. Or perhaps the risk manager receives a more formal request for records. How much can you tell them without violating the Health Insurance Portability and Accountability Act (HIPAA)?
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HIPAA states that covered entities may disclose protected health information to law enforcement officials for law enforcement purposes under the following six circumstances, and subject to specified conditions:
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A recent legal battle in New Orleans could have far-reaching implications for health care providers across the country, opening up new areas of vulnerability related to emergency preparedness.
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In its ruling that LaCoste did not fall under Louisiana's medical malpractice law requiring a panel review and imposing a $500,000 cap on jury awards, the Louisiana Supreme Court summarized the case against Pendleton Memorial Methodist Hospital:
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When disaster strikes, deciding whether to flee or stick it out can be difficult even for individuals, but it is a particularly vexing problem for health care providers. In addition to the sheer logistical complexity, evacuating a hospital brings the risk of injury to patients, the associated liability, and major expenses.
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It has begun. Connecticut Attorney General Richard Blumenthal, JD, has taken the first action by a state attorney general involving violations of the Health Insurance Portability and Accountability Act (HIPAA) since the Health Information Technology for Economic and Clinical Health Act (HITECH) authorized state attorneys general to enforce HIPAA.
