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An 83-year-old man went to a hospital to visit his wife. He slipped and fell on an escalator, injuring his head.
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Although a nursing home was aware of a male patients general disorientation and history of self-destructive behavior, the man opened a fifth-floor window and fell to the pavement.
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A lawsuit alleging elder abuse and neglect was settled recently for $1 million, and the plaintiffs insisted that there be no confidentiality clause.
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Risk managers facing claims of newborn brain injury have more support for what the physicians have probably been saying all along: The tragic outcome wasnt caused by anything that happened in your facility.
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Larry Veltman, MD, chairman of the department obstetrics and gynecology at Providence St. Vincent Medical Center in Portland, OR, and medical director of the healthcare professional liability division for the Farmers Insurance Group of Companies, offers this list of the most common failures that lead to OB malpractice lawsuits.
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Does the security rule specify how a risk analysis must be conducted?;
How should passwords be chosen to ensure security?; Can a home health
agency post thank-you letters from patients on a bulletin board that
can be seen by staff and other patients?
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Rhode Islands Seacrest DocSecurity surveyed more than 500 physicians
nationwide late in 2003, questioning them on requirements that
insurance companies ask for before underwriting physicians and
hospitals for insurance, and concluded that while physicians generally
believe they are HIPAA-compliant, in fact they have only met a portion
of the HIPAA requirements, leaving them vulnerable to lawsuits.
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American Hospital Association attorney Lawrence Hughes said there are
aspects of the privacy rule that still are not working well and are
creating unnecessary burdens for hospitals, with little benefit to
patients.
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In testimony late last year before the Department of Health and Human
Services National Committee on Vital and Health Statistics
Subcommittee on Privacy and Confidentiality, Health Privacy Project
executive director Janlori Goldman submitted 13 common myths that
persist about the HIPAA privacy regulation and the facts that respond
to those myths.
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A woman in labor told an attending nurse that she thought the hospital and the obstetrician were not attending to her in a timely manner. The labor and delivery nurse contacted her obstetrician, but he failed to appropriately respond. The nurse should have contacted her supervisors about the womans concerns and the physicians failure to take action, but didnt. The fetus suffered severe brain damage because of a delay in delivery and subsequently died 11 months later.
