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This case confirms how expert testimony can significantly affect — or even solely determine — the outcome of a medical malpractice case. Expert opinions are almost inevitably necessary to enable a clearer and more technical understanding of disputed issues as those pertain to required elements for a medical malpractice action.
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This case presents lessons getting to the substantive heart of medical malpractice actions: Liability arises if a physician or care provider fails to abide by the applicable standard of care and that failure causes harm to the patient.
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When a team set out to address alarm fatigue at a North Carolina burn center ICU, they found success with implementing new best practices that addressed some of the most common reasons for nuisance alarms. But they also found those wins can slip when staff changes bring new people who were not trained in the updated ways and new leadership that was not there for the initial effort.
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A complaint filed against a nursing license can destroy a nurse’s career. It is crucial for risk managers and nurses to understand the risks and the best practices to protect against these complaints.
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A coalition of more than 50 leading healthcare organizations is calling for the creation of a National Patient Safety Board. The board would be modeled after the National Transportation Safety Board. The board’s goal would be to reduce medical errors and improve patient safety.
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The moments after a patient threatens to sue for medical malpractice can be critical. How clinicians and risk managers react can affect the likelihood of a lawsuit and its outcome.
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Risk managers and compliance officers for HIPAA-covered entities might be uncertain about what the privacy law requires regarding records retention because medical records, HIPAA records, federal laws, and state laws become entangled. Clarity on HIPAA records retention might relieve some burden so that covered entities are not doing more than necessary just to ensure compliance.
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Covered entities may have found themselves breathing a sigh of relief following a recent decision from the U.S. Court of Appeals for the 4th Circuit. In Payne v. Taslimi (998 F.3d 648), the court ruled the plaintiff could not sue as an individual for a HIPAA violation. However, the ruling is not necessarily a complete win for healthcare organizations.
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As often is the case, expert witnesses regularly play a pivotal role in medical malpractice actions. A foundational matter is whether an individual may qualify to serve as an expert witness. It can be extremely powerful for either party to challenge the other side’s prospective experts.
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This case highlights important provisions of EMTALA, which is a less common basis for allegations of improper medical care when compared to standard allegations of medical malpractice. It also is an important reminder about how courts evaluate allegations of fraudulent concealment.
