Articles Tagged With: liability
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‘Take Care of Maya’ Verdict Could Have Chilling Effect
A recent $261 million judgment against a hospital could have a chilling effect on hospitals trying to weigh the obligation to protect minor patients against the parents’ rights to see the child. The case received substantial media attention, which could influence the way clinicians and administrators handle such cases.
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Avoid Liability from Patient Elopement
Patient elopement is a major threat to patient safety, particularly with the most vulnerable patients. Any resulting injury or death could bring liability to the healthcare facility. The risk requires careful adherence to proper policies and procedures, along with the use of some physical precautions that can reduce the risk of elopement.
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Peer Review Protection Varies by State — and Could Be in Jeopardy
Risk managers and clinicians depend on the ability to investigate adverse outcomes or errors without fear their words will be used against them in court, most notably in morbidity and mortality conferences and peer review sessions. The degree of protection varies from state to state — and there is some concern this privilege has been eroded.
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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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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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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.
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VA Finds Major Patient Safety Issues in New EHR
The Department of Veterans Affairs reported significant problems with its effort to implement a new EHR that could affect patient safety. Hospitals and health systems using the same EHR may need to investigate whether they are experiencing the same issues.
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One Year After Landmark Case, Criminal Convictions Remain a Risk for Providers
Criminal prosecutions of clinicians continue after a highly publicized case in 2022. Recent charges indicate nurses and other healthcare workers remain at risk. Rehabilitation centers and nursing homes often are the source of incidents that lead to criminal charges.
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Avoid Patient Abandonment Claims with Education, Follow-up
Patient abandonment claims can arise when a physician or hospital can no longer care for a patient or when there is insufficient follow-up. The risk can be ameliorated with proper procedures and communication.
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Appeals Court Dismisses Wrongful Death Lawsuit for Failure to Timely File Claim
This case is a fine example of the Government Claims Act and its application to public entities, including public health systems.