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Healthcare Risk Management – January 1, 2012

January 1, 2012

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  • Whistleblowers and privacy rights: How to manage the overlap

    A physician complained to the chief of staff and hospital management that surgical equipment is not being sterilized properly and a patient died as a result. In another case, two doctors reported overcrowding in the emergency department that compromised patient care. In another, the physician reported an unlicensed therapy program.
  • Beware of staff probing on their own

    Violations of the Health Insurance Portability and Accountability Act (HIPAA) are a growing focus for whistleblowers, says Tammy Marzigliano, JD, partner with the law firm of Outten & Golden in New York City.
  • Federal, state laws protect whistleblowers

    Many states offer protection to whistleblowers, and a federal statute protect whistleblowers reporting false claims, explains Amy S. Leopard, JD, partner with the law firm of Walter & Haverfield in Cleveland, OH. If the court finds that the employer terminated the employee because of the whistleblowing, the employer will be required to reinstate the employee and provide double back pay for the period in question.
  • Hospital sues ex-worker who instigated probe

    The overlap of whistleblowing and confidentiality requirements was highlighted recently in a lawsuit filed by North Carolina Baptist Hospital (NCBH) in Winston-Salem, NC, against whistleblower Joseph Vincoli, a former administrative director who alerted state officials that the State Health Plan (SHP) was overpaying the hospital.
  • Be quick, proactive to avoid whistleblowing

    When an employee has concerns about fraud or other wrongdoing within your organization, that person can take two paths: either report it internally, or report it to regulators and become a whistleblower.
  • Doctor claims firing for poor EMR use

    A case from Illinois has risk managers wondering just where to draw the line when an employee can't keep up with new technology. The answer might be different in each case, experts say, but there has to be a point where dismissal is an option.
  • Hospital says more than EMR in dispute

    Memorial Health System in Springfield, IL, provides this statement regarding the physician who claims he was placed on leave for failing to adequately adapt to the system's new electronic medical record (EMR):
  • EMR requires patience, relaxed workload at first

    Even though electronic medical records (EMRs) are here to stay, there always will be a percentage of physicians who are resistant to using a system and don't want to change, says Stephen Martinez, PhD, CEO of MTS Healthcare, a company in Pasadena, CA, that implements EMRs for hospitals, medical groups, and other healthcare organizations.
  • EMRs could increase malpractice risk

    The continuing adoption of electronic medical records (EMRs) might result in increased malpractice liability risk and higher insurance premiums, according to a new report from a health IT research firm.
  • Poorly designed records said to threaten safety

    Poorly designed, hard-to-use electronic medical records (EMRs) are a threat to patient safety, according to a new federal study that also calls for an independent agency to investigate injuries and deaths linked to health information technology.
  • Monitor EMRs for effect on safety

    Even under the best of circumstances, implementing an electronic health record system is difficult, costly, time-consuming, and fraught with unintended adverse consequences
  • Patient, nurse injuries linked, approach similarly

    A safe working environment for nurses is also a safe environment for the patients in their care, according to a new study led by public health researchers at Drexel University in Philadelphia.
  • Group: TX health system worse after liability caps

    A new report from Public Citizen claims that the imposition of medical liability caps in Texas in 2003 has not reduced medical costs or curbed the ordering of expensive diagnostic tests, and instead, healthcare is less available and has become more expensive compared to national averages.
  • Legal Review & Commentary: Perforated intestine during lap case precedes death, $2.5 million settlement

    A 45-year-old woman underwent surgery at a local university hospital to remove a cyst on her ovary. During the operation, surgeons found dense adhesions, and the patient experienced increased pain and pressure in her abdomen following surgery. By the time the medical staff diagnosed her with a perforated bowel, the patient was in critical medical condition due to sepsis.
  • Legal Review & Commentary: No removal of sponge nets $375,000 judgment

    An 85-year-old woman underwent surgery for an aortofemoral bypass at a local medical center in 2004. In the four years following the surgery, the patient suffered from periodic severe abdominal and back pain, a foul odor coming from her body, weakness, lightheadedness, dizziness, loss of appetite, and nausea.