Risk & Quality Management
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Know How False Claims Act Works to Prevent Violations
Understanding the ins and outs of the False Claims Act can prevent violations and improve the outcome if the government or a whistleblower does allege fraud and abuse. False Claims Act investigations are almost impossible to avoid for large companies, so risk managers must thoroughly understand the law.
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TJC Healthcare Equity Certification Launches July 1
The accrediting organization joins the industry’s push to provide more equitable treatment and services.
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Some ED Malpractice Lawsuits Hinge on Security Camera Footage
Security footage of ED waiting rooms is relevant to claims alleging delayed triage, failure to re-assess the patient during a long wait, or failure to intervene if a patient deteriorated in the waiting room. However, many claims involve allegations of delayed treatment or diagnosis. What happened in the waiting room, before the patient was brought back for evaluation, could have contributed to a poor outcome.
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Email Retention Requirements for HIPAA Often Misunderstood
HIPAA requires that certain emails and other electronic communications be retained for a set period, but covered entities often misunderstand exactly what must be saved and for how long. The Security Rule requires healthcare organizations and health plans to retain electronic communications containing HIPAA policies and procedures for at least six years.
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OCR’s Report to Congress Shows Increase in Complaints
The Office for Civil Rights’ annual report to Congress showed “significant increases” in HIPAA complaints — 34,077 new complaints in 2021, a 25% increase from 2020. Complaints increased 39% from 2017 to 2021.
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Breaches Sometimes Kept Secret, but Decision Is Highly Dangerous
Cybersecurity professionals often are told to keep breaches confidential, according to a recent survey that suggests healthcare organizations may be risking serious consequences for not reporting the improper loss of protected health information controlled by HIPAA.
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Catastrophic Birth Injury Results in $7.75 Million Award and Insurance Litigation
This case provides lessons concerning aspects of malpractice litigation that do not focus on challenging the actions of the care providers. Just as providers owe duties to their patients, insurance providers have their own set of duties and obligations that are owed to their insureds. A failure to abide by those duties may subject the insurer to liability from their insured, as resulted in this case.
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Misdiagnosis Leads to Premature Emergency Delivery, Severe Brain Damage, and $34 Million Verdict
Misdiagnosis or delayed diagnosis is one of the most — if not the most — common causes of medical malpractice claims. A failure to timely diagnose a condition may render the subsequent treatment ineffective or may preclude any treatment.
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Does a Clinical Decision Aid Constitute the Legal Standard of Care?
Each emergency physician should undertake the appropriate medical approach to evaluating a patient, regardless of any recommended course of action. The medical record should support using the recommended path or justify another course of action.
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MRI Safety Requires Good Policies, Signage, and Education
MRIs provide valuable information that can be vital to patient care, but they also are powerful machines that can injure or kill people when proper precautions are not taken. The potential liability from such accidents is significant.