Healthcare Risk Management
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Nonoperating Physician Found Exempt From Liability
This matter provides several insights as to the duty of care in medical malpractice suits, the legal relationships among physicians working within the same practice or at the same facility, the respective burdens of proof, and the roles of expert opinion testimony.
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Improper Medication Leads to Patient’s Death, $10 Million Verdict
In this case, both parties relied heavily on expert opinions to attempt to prove or disprove the causal link between the course of treatment chosen and the onset of the ischemic colitis that led to the patient’s death.
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Emergency Preparedness Pays Off When Water Supply Lost
A Utah health system confirmed the value of emergency preparedness when it was faced with a severe water shortage after a wildfire.
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Pediatric Safety Still Threatened by Electronic Health Records
Pediatric patients are at risk from electronic health records that do not adequately factor in their needs. Medication dosing is the biggest threat.
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FTC Investigations Could Bring Unwanted Scrutiny to Hospitals
The Federal Trade Commission is investigating whether hospitals and health systems violated antitrust laws through contracts with payers. Assess your risk before the government investigates.
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Establish Expectations, Communication With Outside Counsel
A hospital is best served when in-house counsel work closely with outside counsel. In-house counsel can provide background information and assistance, as they are the most knowledgeable about the hospital’s structure, policies and procedures, culture, and personalities.
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Outside Counsel Can Be the Right Choice, but Know When
Outside counsel can be an important resource for hospitals and health systems, but knowing when it is right to bring in someone can be difficult.
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Hospital Cited for Recording Psych Patient in ED
A Minnesota hospital violated patient privacy by recording patients without their knowledge or consent during psychiatric evaluations in the ED, according to a CMS investigation.
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Hefty HIPAA Penalties for Allowing TV Cameras in Hospitals
OCR has reaffirmed its position on television film crews in clinical care areas, issuing substantial fines on three hospitals that OCR says violated HIPAA by disclosing PHI to a broadcast news organization.
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Operational Issues Often Hamper Access to Patient Records
Research continues to show that patients are denied access to medical records because of HIPAA-related restrictions and processes.