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    Home » CMO’s statement could complicate hospital’s defense

    CMO’s statement could complicate hospital’s defense

    May 1, 2014
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    Keywords

    risk management

    Hospital Management

    CMO’s statement could complicate hospital’s defense

    The alleged claim by a fired emergency physician, that the chief medical officer (CMO) assured her that her job was not in jeopardy, could complicate matters for the hospital, which is being sued by the doctor, says Jason Koors, JD, legal counsel with MemorialCare Health System in Fountain Valley, CA.

    Spectrum Health in Grand Rapids, MI, dismissed the doctor after she posted a comment on Facebook in response to a nurse posting a photo of a patient’s buttocks.

    "Whenever conducting an investigation, human resources should always advise senior management against making promises to employees or offering assurances of job security," Koors says. "It’s all about managing expectations."

    The CMO’s action also concerns R. Stephen Trosty, JD, MHA, CPHRM, president of Risk Management Consulting in Haslett, MI, and a past president of the American Society for Healthcare Risk Management (ASHRM). The repercussions of an assurance that the doctor would not be dismissed might lie in a court determination of whether the CMO acted as an agent of hospital and had the authority to do so. If the CMO was overstepping, the statement to Puetz carries no weight, Trosty says. If the CMO was properly acting as an agent, the statement probably would prevent dismissal but not some lesser punitive action, he says.

    "If the CMO had the authority to act as the hospital’s agent and made the statement, it would not preclude taking some type of action since I do not believe any hospital personnel, including the CEO, can do this if it would result in a penalty to the hospital for failing to properly respond to a HIPAA violation," Trosty explains. "The hospital is expected to take some action for violation, but I do believe this might be a gray area that could require some form of judicial determination. It also becomes an issue for the hospital, as a separate concern, to deal with the CMO if he or she exceeded existing authority when making the statement."

    Medical staff bylaws or hospital policy should spell out who has ability to make these types of statements that a hospital might have to live with later, he says.

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    Healthcare Risk Management

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    Healthcare Risk Management 2014-05-01
    May 1, 2014

    Table Of Contents

    Health system sued by doctor who was fired for Facebook post

    Buttocks photo, patient initials lead to doctor’s dismissal

    CMO’s statement could complicate hospital’s defense

    State laws can affect your whistleblower response

    Dig into social media as defense to dismissal lawsuits

    Huddles getting popular, but use them correctly

    Interventions reduce serious events 83% at one hospital

    Stanford, contractor to pay $4.1 million over privacy

    HHS releases security risk assessment tool

    HHS final CLIA rule allows reports to patients

    Consumer Reports ranks safest hospitals

    CDC wants every hospital to use an antibiotic checklist, improve safety

    Going too far with HIPAA compliance threatens care provided to patients

    Policies should address difficult HIPAA scenarios

    Tactical approach takes advantage of confusion

    Report finds HIPAA hindering data usage

    HHS considering change for background checks

    Health system uncovers inside data breach

    HHS to survey 1,200 — Audits might follow

    First ever settlement with local government

    Failure to diagnose premature labor leads to impairments for infant, $42 million verdict

    Misdiagnosis of flu instead of pneumonia results in death for 10-year-old girl

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