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Healthcare Risk Management – December 1, 2023

December 1, 2023

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  • EMTALA Still Poses Challenges After All These Years

    EMTALA has encouraged the safe care of emergent patients since 1986, yet it still poses significant compliance challenges and hospitals are cited for violations. Understanding the potential pitfalls and best practices can help healthcare organizations avoid serious consequences.

  • Three Common Missteps to Avoid with Med Mal Cases

    Medical malpractice allegations can set off a cascade of obligations and possible pitfalls, and it can seem like there is too much to handle all at once. Paying attention to three potential missteps can ease some of the burden.

  • 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.

  • Pharmacy Claims Report Shows 100% Cost Increase

    The cost of defending complaints against pharmacists accused of misconduct has increased more than 100% in the past 10 years, according to a recent report.

  • Perinatal Software Plays a Large Role in OB Safety

    The clinical benefits of perinatal software are well known to those who work in labor and delivery, but the risk management potential can be underestimated.

  • EDs Can Make Discharges Against Medical Advice Safer

    There is a lack of evidence in the literature regarding effective interventions to prevent discharge against medical advice, according to a review of studies from 1989-2022. Emergency care providers should discuss prescriptions, follow-up appointments, and red-flag signs that indicate patients should return to the ED — just as they would with any patient about to be discharged from the department.

  • Appeals Court Clarifies Standard for Admissibility of Expert Opinion in Medical Malpractice Case

    Cases involving expert opinions are sometimes referred to as “a battle of the experts” due to the degree of importance in medical malpractice cases and other matters involving technical, medical, and scientific issues. Judges are the gatekeepers of whether expert opinions are reliable enough to be admitted. As the Georgia Court of Appeals found, judges can sometimes get it wrong.

  • Plaintiff’s Failure to Follow Expert Disclosure Deadlines Results in Judgment for Defendants

    As an initial, medical point, surgeons who often ask physicians in training to close surgical wounds after the procedure should take care to confirm the skill of the trainee and the quality of the result. But if such a procedure (or any procedure) leads to a medical malpractice case, experts are essential.

  • What to Expect After a HIPAA Violation

    Discovering a HIPAA violation in your organization inevitably causes anxiety about what will follow and how bad the consequences can be. Understanding the process and what to expect can ease some of the worry and help you manage the process to the best possible resolution.

  • OCR Updates HIPAA Assessment Tool

    The Office for Civil Rights has updated a self-assessment tool that covered entities can use to determine how well they are complying with HIPAA, and the new version presents an opportunity to see how useful the resource can be.