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  • Florida Jury Awards $68 Million to Patient in Sodium Spike Case

    Providers should understand a patient’s chart should be thoroughly and completely reviewed throughout treatment. In this case, it is clear on at least several occasions providers either did not notice the information in the medical record, or they did not review test results. They also failed to administer medications ordered by another practitioner.

  • Malpractice Outcome Hinges on ‘Reasonableness’ of Wait Time

    To prevail in malpractice litigation involving a leave without being seen patient, the patient must prove the ED’s failure to treat him or her within the time frame of the visit violated the standard of care. Also, the attorney must prove his or her client suffered harm as a result of that violation.

  • Watch for Emerging Threats and Risks in 2023

    Over the coming year, risk managers can benefit by watching recent trends in telehealth, labor shortages, and data breaches.

  • Providing Legal Cannabis Can Bring Potential Liability

    Physicians who recommend medical cannabis, and their affiliated hospitals or clinics, should be aware of potential legal risks, even when state law allows medical use. Federal law prohibits physicians from prescribing cannabis, even in states that allow its use. To enable the use of cannabis for medical reasons, some states use terms such as “recommendation” or “certification” as opposed to a prescription from a physician.

  • Fire Safety Requires Ongoing Training, Hands-On Practice

    Fire safety is a major concern in healthcare facilities, but the most effective programs include constant education and training that expose staff to the conditions they might face in an emergency.

  • Former NFL Running Back Awarded $28.5 Million in Medical Malpractice Case

    In this matter, the principal issue related to the physician’s failure to evaluate, diagnose, and treat the patient’s talus bone and cartilage condition. The plaintiff argued the physician delayed and/or misdiagnosed his condition and provided improper treatment, resulting in permanent damage. Unfortunately, misdiagnosis and delay in diagnosis of orthopedic conditions are common forms of medical malpractice.

  • Reduce Workers’ Comp Liability with Lift Policies, Technology

    Workers’ compensation poses a significant liability risk and expense for any company — and healthcare employers face exposures unique to their industry. Technological solutions may help. Overexertion, often due to patient handling, is a common injury for healthcare employees, leading to sprains and strains of the back or shoulder.

  • Remember the Basics of Good Documentation

    Proper documentation requires adhering to the basic goals of fully and accurately recording the patient encounter. Depending on the circumstances, chart notes should include a brief social narrative of relevant historical data, an explanation of the reason for the encounter, subjective complaints and observations reported by the patient, objective findings on physical examination by the clinicians, a diagnosis, treatment plan, and follow-up instructions for post-discharge care.

  • Improve Documentation for Compliance, Med/Mal Defense

    Good documentation is the foundation of any solid malpractice defense and proper continuity of care argument, so risk managers constantly urge clinicians to make meticulous notes. But there are many ways in which documentation can fall short. Frequent education and adjustment to technological changes can be key to making good documentation.

  • Not a Simple Conversation: Understand Depositions and How to Prepare

    It is likely any healthcare litigation will include depositions in which clinicians and administrators are asked questions under oath. The information provided can be critical to the outcome of the case. Depositions can be stressful and difficult for people not accustomed to them. Risk managers can help by preparing participants for this experience.