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Court of Appeals Reverses Doctor’s Trial Court Win in Botched Spinal Surgery Case

Although the plaintiff’s expert provided some controversial comments on the standard of care, it is likely that, if given his well-established expertise, a proper analysis and explanation of his testimony will, at the very least, increase the plaintiff’s odds of obtaining a favorable verdict. There always is a standard of care, especially for relatively common procedures. The standard may not exist in written form. Instead, it is considered to be what a reasonable physician would do in similar circumstances within the same community.

Finger-Pointing in Nurse Charting Is Opportunity for Plaintiff

Emergency nurses and physicians may not understand the liability implications of using charts to air grievances. A unified defense is recognized as the best approach for all defendants in ED malpractice claims, but finger-pointing notes make it difficult. Physicians and nurses should meet briefly before each shift to discuss the importance of teamwork, not only regarding patient care but also documentation.

$12.5 Million False Claims Act Settlement Shows Government Loss Not Required

A False Claims Act lawsuit involving alleged kickbacks for placing drugs on formularies has been settled for $12.5 million. The case is instructive because it shows the False Claims Act can apply even when the government has not lost money from the alleged violations.

Biden Administration Expected to Expand Enforcement; Pandemic Grants Targeted

The enforcement of white-collar crime laws in the healthcare sector is likely to expand under the Biden administration, particularly regarding fraud associated with the billions of dollars in grants Congress allocated to hospitals and other health providers for pandemic relief.

Closed Claims Study Shows Pain Management Risks as COVID-19 Contributes

An analysis of closed medical malpractice claims related to pain management identifies common areas of risk and reveals the COVID-19 pandemic has created new possibilities for liability. A top contributing factor in 90% of all closed claims was insufficient consent between the physician and the patient or family.

Changes to Stark Law Create Leeway for Inadvertent Errors

Proposed changes to the Physician Self-Referral Law (Stark Law) and other laws would give healthcare organizations more ability to avoid self-disclosure and refunds. The changes are expected to be finalized soon.

Physician Judgment Case Might Mean More Risk from FCA

Clinicians make judgment calls every day that do not always turn out to be correct, even when they are made in good faith. A recent court decision regarding the medical necessity of hospice care could put clinicians and hospitals at risk of False Claims Act allegations when judgment calls turn out wrong.

Ethics Services Want to Know How Consult Data Compare to Other Hospitals

Ethics services often struggle to obtain data to improve the quality of consults even at their own hospitals, let alone outside institutions. Yet some ethicists are forging ahead with this challenging proposition, trying to move from the qualitative to the quantitative.

Diagnostic Errors Continue, Technology Part of Solution

Diagnostic errors continue to plague the healthcare system, but some progress is happening thanks to technology that can reduce the chance of an error reaching the patient and causing harm. Optimal results may require a more deliberate training program for those using the technology.

Insulin Pen Project Improves Patient Safety with EMR Modification

Staff at a Maryland hospital discovered a patient safety issue with insulin pens that was traced to the electronic medical record’s (EMR) inability to generate patient-specific labels efficiently. A root cause analysis revealed the process gaps, and staff developed a solution that ensures patients receive insulin doses only from their own pens.