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Some Patients Request Ethics Consults — but for Issues Unrelated to Ethics

At Memorial Sloan Kettering Cancer Center, ethicists added a “Request Ethics Consultation” button to the electronic patient portal. However, of 74 ethics consult requests made through the portal, just one involved an ethics issue. All of the other requests fell outside the purview of the Ethics Consultation Service, such as people wanting help with hospital resources or care coordination.

Can Ethicists Be Sued for Recommendations? Attorneys Warn of Potential Legal Risks

The field of clinical ethics continues to evolve, with core competencies, certification, and documentation in the electronic medical record. In a recent paper, Claudia R. Sotomayor, MD, DBe, HEC-C, chief of the Ethics Consultation Service and a clinical ethicist at Georgetown University’s Pellegrino Center for Clinical Bioethics in Washington, DC, and colleagues explored whether the professionalization of ethics consultation exposes those working in this field to the types of liability claims faced by professionals in other fields.

Ohio Appellate Court Refuses New Trial for Patient Plaintiff with Errors in Record on Appeal

Recently, an appeals court in Ohio affirmed a verdict finding a defendant group of doctors not liable for medical malpractice in failing to detect a woman’s cancerous tumor. After the jury reached a verdict for the defendants, the plaintiff argued that her lawyer should have been allowed to impeach the defendant pathologist who she accused of failing to detect her cancerous growth.

Virginia Supreme Court Orders New Trial in Medical Malpractice Case After Trial Court Refuses to Give Jury Instruction About Alternative Causes

Recently, the Virginia Supreme Court ordered a new trial in a medical malpractice case in which a woman was awarded $1.6 million. The verdict was affirmed by the Court of Appeals. However, on appeal to the Virginia Supreme Court, the court found that the trial court erred by refusing to give the defendants’ proposed jury instruction on the issue of alternative causation to the jury.

OCR Investigates Change Healthcare After Major Cyber Incident

In an unusual move signifying the severity of the huge cyberattack on Change Healthcare, a unit of UnitedHealth Group breach, the Office of Civil Rights is formally investigating the incident.

Steps to Take in Response to OCR Guidance on Online Tracking

The Office of Civil Rights’ updated guidance on HIPAA and online tracking technologies leaves many questions, but covered entities should take certain steps now.

OCR’s Update on Online Tracking Guidance Still Tricky

The Office for Civil Rights (OCR) recently updated its December 2022 bulletin regarding the use of third-party tracking technologies by HIPAA-regulated entities “to increase clarity for regulated entities and the public.” However, the clarity is questionable.

Review Cyber Risk Insurance, Brace for Transparency Issues

Pay attention to your policies for cyber insurance or data liability when they come up for renewal or if you are in the process of obtaining them,

Falls Remain a Leading Safety Problem, Still Need Attention

Risk managers must not let their guard down on the perennial patient safety concern of falls, looking to the proven methods of prevention and the sometimes simple steps that can have significant effect.

Stigmatizing Language Can Lead to Diagnostic Errors, Patient Harm

Stigmatizing language is inappropriate in healthcare and can easily seep into documentation and verbal communication. One of the worst effects of such comments is that it can lead to diagnostic errors and other threats to patient safety, according to recent research.