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This case presents an interesting intersection between the facts and the law. Does the legal system compensate a patient who indisputably suffered a significant, permanent injury when an investigation cannot reveal how the injury occurred? This is where the legal doctrine of res ipsa loquitor becomes involved.
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This case illustrates the importance of risk factors in setting the standard of care for medical screenings and testing. Discussing a patient’s history and background, including the patient’s family medical history, is important for a physician to determine the applicable standard of care.
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The most recent grades from The Leapfrog Group represent the largest set of hospitals ever evaluated, with grades assigned to 2,901 facilities. More than 30 evidence-based measures of patient safety were assessed, including postoperative sepsis, blood leakage, and kidney injury for the first time.
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Hospitals may enter into recruitment agreements to bring needed physicians into the community. However, serious legal issues can arise related to the Stark Law, which prohibits making referrals involving a compensation arrangement or investment interests.
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Since the beginning of the pandemic, the healthcare industry has seen a significant rise in cyberattacks. The combination of the pandemic’s effects — crowded facilities, expanded telehealth usage, exhausted workers — with more reliance on medical devices has left the industry vulnerable to cybercriminals.
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The response plan for a compromised medical device should include contacting the device manufacturer. The security of medical devices should be addressed from the time the medical provider contracts to purchase the device. Obtain information from the manufacturer regarding the security of the device, such as the Manufacturer Disclosure Statement for Medical Device Security.
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Hospitals and health systems are increasingly dependent on sophisticated medical devices for patient care and maintaining safety, but not all are ready to respond effectively when hackers access those devices. Risk managers should ensure an effective response plan is in place that is well practiced and ready to deploy at a moment’s notice.
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What was once a nagging suspicion is becoming established fact. There is growing evidence demonstrating the “apology laws” enacted by most states to protect clinicians after adverse events have little positive effect. These apologies might even encourage patients to sue, and they can work against a defendant during trial.
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Employees and employers frequently believe HIPAA comes into play when asking about an individual’s vaccination status. It almost always does not. Although some states are considering legislation designating vaccination status as a separate protected class, private employers generally are free to ask employees about their vaccination status without running afoul of HIPAA or federal employment laws.
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Proposed changes to HIPAA and HITECH may affect covered entities and business associates in 2022. Now is the time to consider any effects, and respond accordingly. The modifications could require updates to policies and procedures, notices of privacy practices, forms, business associate agreements, and other HIPAA-related compliance issues.
