Healthcare Risk Management
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California Court Rules Nurse Lacks Qualifications as Expert Witness in TBI Case
The California Court of Appeal addressed the importance of expert witness qualifications in a medical malpractice case stemming from a wrongful death claim. The lawsuit was brought by the father of a young man in his 20s who experienced a severe traumatic brain injury after a motor vehicle accident. The father alleged that the hospital’s negligent treatment and failure to follow appropriate protocols during the patient’s care contributed to his son’s death.
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California Affirms No Duty of Care Without Physician-Patient Relationship
The Court of Appeal for California’s Third District recently upheld a summary judgment in favor of a cardiologist in a medical malpractice case. The lawsuit was brought by the adult children of a patient who died after experiencing a cardiac emergency at a Sacramento County hospital. The plaintiffs alleged that the defendant, the on-call interventional cardiologist, negligently refused to provide care, ultimately contributing to their father’s death.
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Loper Bright Starting to Affect False Claims Cases
The Supreme Court’s landmark Loper Bright decision was expected to shake up False Claims Act (FCA) cases, and that is exactly what is happening.
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Whistleblower Validity Challenged in False Claims Act Cases
A recent court decision in Florida marks the first time a court has found the False Claims Act’s qui tam clause unconstitutional. The decision could lead to changes in how whistleblowers pose risks to healthcare organizations.
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Computer Disposal Not Simple When PHI Involved
Disposing of an old, unneeded computer usually is as easy as chucking it in the dumpster out back or giving it away to charity. But not when it might contain protected health information.
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Reproductive Healthcare Rule Compliance Will Be Challenging
The new HIPAA Privacy Rule to Support Reproductive Healthcare Privacy will require covered entities to review and update some policies and procedures. The rule was promulgated in response to the U.S. Supreme Court’s Dobbs decision that overturned Roe v. Wade.
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New Jersey Court Approves Nearly $12 Million Medical Negligence Settlement
A New Jersey Superior Court recently approved a nearly $12 million medical negligence settlement to support the long-term care of a plaintiff who suffered severe brain damage during childbirth.
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Georgia Appeals Court Finds Plaintiff’s Medical Negligence Complaint Is Time-Barred
The Georgia Court of Appeals recently upheld the dismissal of a medical malpractice case, finding that the plaintiff’s claim was time-barred by Georgia’s statute of limitations.
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Loss of Chance Doctrine Claims Can Be Avoided
Loss of chance can be a complicated allegation with the potential for a significant payout. Understanding how such claims arise is the first step in prevention.
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Nondisclosure Agreements Should Be Limited in Scope
Malpractice settlement agreements typically include nondisclosure agreements that require plaintiffs to keep the terms confidential, but these clauses can be seen as unfairly keeping the public and other healthcare institutions in the dark about patient safety issues.