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Healthcare Risk Management – June 1, 2012

June 1, 2012

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  • Death after leaving ED leads to outcry, but was the hospital in the wrong?

    A hospital in Missouri is under fire for having a homeless woman ejected from the emergency department (ED) when she refused to leave; the woman died soon after in police custody from a blood clot. Critics allege the hospital is liable, but others say this might be a case in which the hospital met the standard of care and is not responsible.
  • Hospital: Patient treated properly in ED

    An autopsy determined that Anna Brown's death in a jail cell in September 2012 was caused by blood clots that formed in her legs and migrated to her lungs, according to authorities in St. Louis, MO. Police say Brown went to three hospitals complaining of leg pain in the days leading up to her death, including her visit to St. Mary's Health Center that led to her arrest for trespassing.
  • 2 HIPAA breaches show continuing weaknesses

    Continuing reports of security breaches resulting in the loss of sensitive patient data show the weaknesses of some healthcare organizations, and some experts say criminals are targeting healthcare for cyber attacks.
  • Encryption, laptop control are vital to security

    Encryption would sharply reduce the risk of damage from any loss of data, and widespread use could discourage thieves from trying to access healthcare information, says Brad Rostolsky, JD, an associate with the law firm of Reed Smith in Philadelphia who has worked with healthcare providers to ensure data security. Rostolsky acknowledges that encryption can be costly for a large organization.
  • Privileged accounts can be gateway to breaches

    If you examine the rash of recent data breaches, many follow the same distinct pattern, says Adam Bosnian, executive vice president of Cyber-Ark Software in Newton, MA. An attacker obtained access to an administrative or privileged account and then used that powerful entry point to take what they wanted.
  • Theft of records or media most common form of breach

    Stealing paper records or electronic media was the most common type of data breach in healthcare in 2010, according to the Department of Health and Human Services (HHS) "Annual Report to Congress on Breaches of Unsecured Protected Health Information." Losing the records or media was the second most common incident.
  • Security improving, but data still vulnerable

    Healthcare providers are addressing data security better than in past years, but the challenge also is growing as electronic health records (EHRs) and mobile devices become more common, according to the "2012 HIMSS Analytics Report: Security of Patient Data."
  • Background checks useful, but limited

    About 73% of employers conduct criminal background checks on all job candidates, according to a 2010 survey by the Society for Human Resource Management, and another 19% of employers do so only for selected job candidates. They can be particularly important in healthcare when a job applicant must be trusted with vulnerable patients and data, but experts caution that background checks have limitations.
  • No need to check applicants' social media

    Some employers are taking advantage of people's tendency to post explicit and sometimes disparaging information about themselves on Facebook and other media by demanding access to those sites before hiring. After incidents in which patient information was posted on Facebook, some healthcare providers might consider monitoring employee sites on an ongoing basis.
  • Hospitals seek 90% reduction in specimen errors in 90 days

    Can hospitals see a 90% reduction in mislabeled specimens within 90 days? Some hospitals in South Carolina have, and others are about to find out by trying a new toolkit to prevent mislabeled blood specimens used by a hospital that did experience that huge improvement.
  • Enforcement guidance targets background checks

    Healthcare providers using criminal background checks should take notice of enforcement guidance on employer use of arrest and conviction records in employment decisions. Previous arrests and convictions might not be relevant to the current job application, the Equal Employment Opportunity Commission (EEOC) says in Title VII of the Civil Rights Act of 1964, issued in April 2012 by the EEOC.
  • Hospitals band to reform med mal, cut litigation

    Seven hospitals in Massachusetts have begun a major initiative to improve the medical liability system in the state. The new alliance has launched its effort with the release of a Roadmap to Reform, an alternative approach to medical liability intended to improve patient safety, increase transparency, reduce litigation, and cut costs to the health care system.
  • Failure to admit diabetic patient leads to brain damage, $21.4M verdict

    News: A 50-year-old diabetic man was transported to the emergency department (ED) twice in 48 hours after being found unresponsive by family. Each time, he was diagnosed with hypoglycemia, stabilized in the ED, and discharged home. He developed severe hypoglycemia 10 hours after his second hospital discharge, and he suffered brain damage as a result.
  • Hypoxic brain injury in birth yields $144M verdict for teen

    News: A woman presented to the hospital for induction of labor on Dec. 1, 1995, and she vaginally delivered a 10-pound, 12-ounce baby girl. The baby was not breathing at the time of birth and had poor tone, seizures, brain hemorrhages, and a fractured left clavicle. She was hospitalized in the intensive care unit for three weeks, and she was diagnosed with profound retardation and cerebral palsy.