Healthcare Risk Management
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The Evolution of the False Claims Act
Waste, fraud, and abuse have plagued the United States government for more than 150 years.
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DOJ Targeting Healthcare for False Claims Act Enforcement
Federal regulators and law enforcement are looking hard at healthcare organizations for False Claims Act (FCA) violations at the same time other sectors are enjoying less scrutiny. Healthcare leaders should take a hard look at their compliance programs to ensure they are doing all they can to avoid FCA enforcement actions.
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Georgia Supreme Court Revives Vicarious Liability Claim
The Georgia Supreme Court has revived a vicarious liability claim in a medical malpractice lawsuit that raises important questions about the role of medical students and the legal responsibility of supervising physicians. The case stems from a surgical injury that occurred during a 2019 hysterectomy, in which a medical student under the supervision of two attending physicians allegedly caused harm by misplacing a surgical instrument.
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Trial Court’s ‘Confusing’ Instruction Did Not Doom Verdict, Appeals Court Says
A Georgia appellate court has reinstated a defense verdict in a closely watched medical malpractice case arising from complications following a total knee replacement. The case centered on a plaintiff who alleged that a surgeon failed to promptly diagnose and treat a postoperative infection in his left knee.
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Alternative Dispute Resolution Underused in Most Hospitals
Hospitals have been slow to make use of alternative dispute resolution (ADR) agreements to avoid litigation and bring about more satisfactory conclusions to claims.
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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.