Articles Tagged With: privilege
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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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Understand Discovery Rules and Limits to Protect Confidential Information
Discovery is one of the first steps in malpractice litigation. It is crucial for risk managers to understand what information can be demanded by opposing attorneys. A proper understanding of the process can guide both how healthcare organizations conduct investigations and the outcome of litigation. -
The Joint Commission Expands Data Sources for Telehealth Credentialing by Proxy
The Joint Commission has expanded the pool of data sources from which an organization may obtain information when privileging telemedicine providers. However, legal experts caution there are risks when depending on others for credentialing information.
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Layers of Legal Protections for Peer Review Committees
A hospital’s executive and officers liability insurance usually will apply to peer review committee members. There also are protections under federal law providing immunity for participation, particularly the Healthcare Quality Improvement Act. There are state-level statutes to provide immunity, although those laws vary widely.
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Aging Physicians May Require Additional Assessments for Credentialing
There is no mandatory retirement age for physicians, but there is good reason to consider how aging may affect their abilities to safely and effectively practice medicine, especially for surgeons. Some healthcare organizations are addressing those concerns with programs that provide additional monitoring and testing for physicians as they age.
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Venting to Colleague About Med/Mal Case Can Trigger Subpoena
A more realistic instruction might be: Don’t tell anyone anything about an active lawsuit that you wouldn’t want the jury to hear.
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Protect Your Peer Review Privilege Or Lose Major Protection
Quality peer review depends on people being able to openly discuss issues without fear that the information will be made public, so the law provides a shield that keeps lawyers and others from demanding access.