Healthcare Risk Management – May 1, 2021
May 1, 2021
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Avoid the Common Mistakes That Encourage Patients to Sue
Much of risk management is focused on avoiding liability and discouraging lawsuits, but what really makes a patient or family decide to sue? Much of the motivation comes from how they feel after interactions with physicians and staff — or the lack thereof. The biggest factor in a patient or family filing a medical malpractice lawsuit is the patient-physician relationship. -
Diagnostic Errors Often Prompt Patients to Sue
The main reason patients sue is for an adverse event caused by delayed, missed, or failed diagnosis. Another reason patients sue is due to failure of communication, which led to an adverse event. Efforts to convey a sense of caring can reduce the likelihood of a lawsuit. -
Artificial Intelligence Viewed Favorably by Juries, Research Suggests
Jurors may accept the use of artificial intelligence (AI) in medicine more than commonly thought. Research suggests jurors might be sympathetic to a physician who used AI even if it harmed the patient. -
Proactive Programs Needed to Address Vaccine Resistance
Even as millions of Americans continue to receive the COVID-19 vaccine, some healthcare organizations still struggle with a worrying number of employees who will not accept the vaccines. Physicians and other leaders should address concerned employees and correct misinformation. -
Specialty Pharmacists Play Important Role in Patient Safety
Specialty pharmacists can be influential with encouraging other pharmacists to improve patient safety. Those at a health system level work with many pharmacy departments. -
Analysis: Few EMTALA Violations for Vascular-Related Issues
Few EMTALA violations involve vascular-related issues, according to the authors of a recent analysis. Of 7,001 patients with an EMTALA violation from 2011 to 2018, only 1.4% were vascular-related. Cases included cerebrovascular, ruptured aortic aneurisms, aortic dissections, vascular trauma, peripheral arterial disease, venous thromboembolism, dialysis access, and bowel ischemia. -
Punitive Damages Award Upheld for Wrongful Death Action Alleging Mere Negligence
This case demonstrates the need to fully inform patients of their treatment options — especially in non-emergency situations — and to carefully monitor patients during the relevant times, particularly during and after surgery, and to investigate abnormal conditions appearing after the surgery. A well-considered and documented informed consent can be as important to the patient’s safety from harm — and the physician’s protection from litigation — as making the correct diagnoses, prescribing the appropriate medications, or skillfully performing the correct procedures. -
Patient’s Notice of Claim Not Time-Barred for Filing Two Years After Injury
This case is important to learn how time restraints are applied in medical malpractice suits. All states use specific statutes of limitations, and some states enacted additional time requirements to prevent a patient from waiting too little or too long before notifying the medical provider of intention to file suit.