Healthcare Risk Management
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Slip and Fall Prevention Different for Employees Than Patients
Risk managers always address fall prevention with patients, but do employees get enough attention? Healthcare employees are at risk of falls every day, and the tactics that work best with patients may not be the most effective when preventing potential workers’ compensation claims.
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Counselors and Therapists Face Special Liability Risks
Counselors face substantial liability risks that may not receive as much attention as other healthcare professionals, and the exposure may be increasing. The authors of a closed claim report found that $7.8 million was paid for counselor malpractice claims over a five-year period. The Counselor Liability 2019 Claim Report found that $8 million was paid during the previous 10 years.
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‘I’m Sorry’ Legislation Not Showing Anticipated Results
The “I’m Sorry” movement has gained steam in the last few years. Risk managers have been encouraging physicians to show their regret and concern with patients after adverse events — not only because it is the right thing to do, but also in hopes of reducing potential liability. Thirty-six states passed apology laws, according to the Sorry Works! organization, which has promoted apologies after adverse events. But after years of trying that approach, is it really working out that way? Not necessarily, although that does not mean the apology approach is not worthwhile.
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Patient Who Sustained Permanent Brain Damage After Asthma Attack Awarded $110 Million
This medical malpractice action focused on whether the defendant physicians’ decision not to transfer the patient, who could have received different treatment at a better-equipped facility, constituted a breach of the applicable standard of care.
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Hospital and Physicians Liable in Case of Woman Who Died Hours After Giving Birth
The primary lesson in this case is for physicians and care providers to take into account a patient’s specific medical history and medical conditions when determining the proper level of care and appropriate treatment for the patient.
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Leapfrog Sees Improvements in Patient Safety
Poor hospital performance on 16 patient safety measures causes more than 161,000 deaths annually, according to a recent report from the Leapfrog Group and Johns Hopkins — but that is a decrease from 2016 figures.
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LabCorp and Quest Breaches Show Vulnerability of Data
All sectors are seeing an increase in breaches due to third-party service providers, business associates/partners, and even commercial off-the-shelf products compromised during manufacture.
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Supreme Court Extends False Claims Act Limit to 10 Years for Most Cases
The decision involving Cochise Consultancy addressed which of two statutes of limitation in the False Claims Act applies in the event a relator brings an action but the government has not intervened.
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Time Component Is One of Major Takeaways in Guidance
The U.S. Department of Justice guidance on corporate compliance includes an important time component instructing prosecutors to consider the effectiveness of a compliance program not only when misconduct occurred, but when making charging decisions and upon resolving a case.