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Tracking Tool on Hospital Websites Can Lead to HIPAA Breaches

Many hospital websites include a tracking tool that collects protected health information and sends it to Facebook, posing the risk of major HIPAA breaches. In some cases, the hospital leadership has no idea such a tracking tool is on their website. The tracker automatically sends Facebook a packet of data when a consumer schedules a doctor’s appointment on the website.

Staffing Shortages Could Increase Liability Risks

Staffing shortages can cause a wide range of problems within a healthcare facility. Most of those issues can lead to greater liability risks. Risk managers are struggling to alleviate those risks even as the staffing challenge gets progressively worse.

OCR Releases Guidance on Audio-Only Telehealth

The Office for Civil Rights (OCR) recently issued guidance on how covered entities can use audio-only telehealth services in compliance with HIPAA. In line with what is referred to as the common carrier exception, OCR clarified the Security Rule does not apply to audio-only telehealth services provided by a covered entity that is using a standard landline.

Report: Patients Sicker Now Than Before the COVID-19 Pandemic

Delayed care also driving longer lengths of stay, price increases for labor and supplies.

EPA, FDA Partner on Safer Medical Device Sterilization

Agencies seek cuts to ethylene oxide emissions, safe alternatives.

Failure to Diagnose and Treat Lupus May Support Liability for Psychiatrist

From the legal perspective, this case highlights the importance of experts for medical malpractice litigation and finding the right expert. Since the practice of medicine is a highly skilled and highly specialized field, it is critical for an expert to possess the requisite skill, knowledge, and experience to persuasively comment on pertinent issues.

Debilitating Leg Surgery and Failure to Diagnose Results in $111 Million Verdict

In this matter, the principal issue is the physician’s failure to evaluate, diagnose, and treat the patient’s acute compartment syndrome. A failure to diagnose is an unfortunately common form of medical malpractice.

Prosecution for Excessive Painkillers Tough Case to Make

In a highly publicized case, a critical care doctor was acquitted on 14 counts of second-degree murder. The prosecution alleged the defendant had ordered excessively high fentanyl dosages that caused patient deaths. Prosecutors presented solid evidence and a strong circumstantial case, yet the defense still won. In this case, prosecutors had to prove either the doctor knew the dose of painkillers could kill the patient, or the doctor was aware of the risk, and the risk was unreasonable.

HRSA Compliance Exposes Hospitals to Liability and Fines

The Health Resources and Services Administration program that reimbursed providers for COVID-19-related treatment for uninsured patients was instrumental in helping hospitals survive the pandemic without excessive financial losses. But the federal government is looking at how that money was obtained and whether it was spent properly.

Wheelchair Falls May Be Underestimated in Fall Reduction Programs

Falls from wheelchairs are a serious patient safety risk but may not receive enough attention in the overall effort to prevent falls. A focus on reducing wheelchair falls can substantially affect overall fall reduction.