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A hospital’s peer review protection often prevents attorneys from potentially using damaging information in court, but that protection can be forfeited. To protect patient safety investigations, the most important thing is to follow the applicable federal or state peer review statute as strictly as possible.
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The Joint Commission recently updated its standards for preventing and addressing violence in the healthcare workplace. OSHA's General Duty Clause requires employers to provide their employees with a place of employment that is “free from recognized hazards that are causing or are likely to cause death or serious physical harm.”
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Always a challenging problem, workplace violence in healthcare settings has worsened recently as the many stresses of the pandemic push staff, managers, patients, and family members to the breaking point. Risk managers should review their workplace violence policies to ensure they clearly define workplace violence to include bullying, intimidation, and harassment.
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Once a risk manager realizes the organization may have violated laws or regulations, the best course of action might be to report the violation instead of hoping no one will discover it. Self-disclosure can offer many advantages that result in lesser penalties and other consequences. But it is important to know when to report and how to do it advantageously.
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This case presents an interesting intersection between the facts and the law. Does the legal system compensate a patient who indisputably suffered a significant, permanent injury when an investigation cannot reveal how the injury occurred? This is where the legal doctrine of res ipsa loquitor becomes involved.
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This case illustrates the importance of risk factors in setting the standard of care for medical screenings and testing. Discussing a patient’s history and background, including the patient’s family medical history, is important for a physician to determine the applicable standard of care.
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The most recent grades from The Leapfrog Group represent the largest set of hospitals ever evaluated, with grades assigned to 2,901 facilities. More than 30 evidence-based measures of patient safety were assessed, including postoperative sepsis, blood leakage, and kidney injury for the first time.
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Hospitals may enter into recruitment agreements to bring needed physicians into the community. However, serious legal issues can arise related to the Stark Law, which prohibits making referrals involving a compensation arrangement or investment interests.
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Since the beginning of the pandemic, the healthcare industry has seen a significant rise in cyberattacks. The combination of the pandemic’s effects — crowded facilities, expanded telehealth usage, exhausted workers — with more reliance on medical devices has left the industry vulnerable to cybercriminals.
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The response plan for a compromised medical device should include contacting the device manufacturer. The security of medical devices should be addressed from the time the medical provider contracts to purchase the device. Obtain information from the manufacturer regarding the security of the device, such as the Manufacturer Disclosure Statement for Medical Device Security.
