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Telehealth Continues to Pose Liability, Regulatory Concerns

The use of telehealth boomed during the pandemic and continues to be a popular option for both patients and providers, but legal risks continue.

Hospitals Cutting Infection Control Staff, Creating Patient Safety Risks

The Association for Professionals in Infection Control and Epidemiology and The Leapfrog Group have joined to express concern about how hospitals are cutting infection control resources and the dire effects that may have on patient safety.

Are Rules Really Meant to Be Broken?

Risk managers spend a lot of time and effort promoting policies and procedures meant to improve patient safety and protect the organization from liability. But is there ever a time to condone breaking those rules?

Gender-Affirming Care Caught in Legal Gray Area, Liability Possible

Healthcare organizations providing gender-affirming care — which may be defined broadly — could face consequences if they do not conform with recently imposed federal restrictions. Understanding the changes and how they affect clinical treatment is key to avoiding potentially serious regulatory violations and other liability.

Purl Decision Affects HIPAA Compliance, Reproductive Health

A recent court ruling has a significant effect on HIPAA compliance as it pertains to reproductive health. It can be seen as relief from a rule that some criticized as burdensome and unnecessary. When the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization prompted states to restrict access to reproductive health services, Health and Human Services issued a rule strengthening reproductive health privacy protections under HIPAA.

Court Upholds Record $207 Million Malpractice Verdict

In July 2025, an appellate court unanimously affirmed a record-breaking medical malpractice judgment of $207 million against a hospital for catastrophic birth injuries. The case involved a newborn who sustained severe brain damage leading to cerebral palsy and profound lifelong disabilities after a mishandled delivery at the hospital. A jury had awarded $183 million (later increased to $207 million with delay damages) for the child’s future care needs and pain and suffering. On appeal, the hospital argued that the verdict was exorbitant and unsupported, but the appellate court held that the award did not “shock the conscience” in light of the trial evidence.

Jury Awards $20 Million in Fatal Surgery Malpractice Case

A jury awarded $20 million to the estate of a 68-year-old patient who died following what was supposed to be a routine abdominal surgery. The three-week trial revealed that the patient experienced internal bleeding during a sigmoid colon resection, but neither the hospital’s surgeons nor the anesthesia group recognized or adequately responded to it. By the time action was taken, the patient had entered hemorrhagic shock and could not be revived.

Spouse and Family Access to PHI Often Disputed

As long as HIPAA has been around, one of the most contentious issues has been whether spouses, partners, other family, or friends can receive information about a patient — or whether non-healthcare entities can discuss someone’s health. Healthcare providers often misinterpret HIPAA requirements in this area, either being overly restrictive or releasing protected health information improperly.

Know When to Settle and When to Fight

With any medical malpractice case, or other lawsuit, the healthcare organization always comes to a decision point about whether to settle or fight the claim in court. Thinking ahead about how to make that decision can help you make the right choice when the time comes.

Staying Compliant Can Be Challenging in 2025

Compliance is always a main concern for healthcare leaders, but some periods can be more challenging than others. Different federal administrations address compliance in different ways, and it is important to understand their particular areas of focus.