This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
Specifically, they may point out that healthcare providers are generally only liable for medical malpractice if they violate a customary standard of care (that is, if they fail to act as similarly situated providers would in the situation). This argument has two major weaknesses.
By Sarah Gabriele Doctors are now using social media platforms to spread medical knowledge and to interact with the communities that they are actively building. This trend poses new ethical questions for physicians who want to create and engage with their communities on social media.
Failure to get informedconsent can have dire consequences for your organization. Furthermore, a doctor using or sharing PHI without proper authorization can be liable for malpractice simply for breaching the principle of informedconsent.
Click Here for OCR’s guidance “ How the HIPAA Rules Permit Covered Health Care Providers and Health Plans to Use Remote Communication Technologies for Audio-Only Telehealth ” Comply with Consent Requirements Most states have telehealth specific informedconsent requirement in their statute, administrative code and/or Medicaid policies.
billion in malpractice costs and almost 2,000 preventable deaths. Food and Drug Administration Patient Rights Violations Incidents involving breaches of patient confidentiality, informedconsent issues, or disregard for patient autonomy and dignity. Communication failures resulted in $1.7 There were 45.9 million in 2021 and 51.9
Risk Management: Healthcare organizations face numerous risks, from malpractice claims to cybersecurity threats. Policies must cover a wide range of areas, from clinical practices to administrative procedures, and must be regularly reviewed to ensure they align with evolving regulations and industry standards.
Contact your risk attorney through your malpractice insurance company for guidance which is obtained through no additional cost (part of the service you get when paying the insurance premium). Know the plans your organization is in-network with – create a “grid” or listing for reference and keep it updated. Identify eligible cases.
diminished quality of care, increased opportunity to violate scope of practice or informedconsent laws, etc.) Similarly, the impact of the use of telehealth on professional malpractice and misconduct will need to be monitored on an ongoing basis. seem not to have been a major concern.
professional licensing, informedconsent, malpractice liability, and fiduciary duties) while these guardrails run counter to the presumed equality of speakers outside of this relationship. The premise is that individuals within the professional relationship are protected by a variety of legal guardrails (e.g.,
Conceptualizing the professions as knowledge communities informs how they are regulated: licensing requirements, unauthorized practice laws, professional malpractice liability, informedconsent, fiduciary duties, and the scope of protection for professional advice disseminated between professional and client or patient within the relationship.
Professionals within a professional relationship are subject to a variety of legal constraints, such as informedconsent requirements or professional malpractice liability if things go wrong. For example, free speech is not a defense against a malpractice claim.
over Claims Practices Where things stand in Central California 1 month after a community hospital’s closure California hospital names Kelly Linden CEO Upcoming California health bills to watch, including a conversation with Rep.
NEW HAMPSHIRE Dartmouth researchers brace for Trumps NIH funding cuts New Hampshire emergency departments near full capacity as flu cases surge Lawmakers introduce Momnibus 2.0
Whether you are pursuing a personal injury claim, medical malpractice lawsuit, or worker’s compensation case, the way medical records are organized can significantly impact the outcome of your lawsuit. Key Aspects of Medical Record Organization Medical records are a cornerstone of any healthcare-related legal case.
Heart transplant expert witnesses are typically sought after in medical malpractice cases involving heart transplant procedures. In addition to malpractice cases, heart transplant expert witnesses may also be called upon in cases related to organ procurement and allocation, informedconsent, and regulatory compliance.
Medical malpractice claims in healthcare communication breakdowns are common and can result in serious harm to patients. Communication is a critical component of healthcare, as it involves conveying information accurately and effectively among healthcare providers, patients, and their families.
Medical malpractice claims due to communication breakdowns in Healthcare System are common and can result in serious harm to patients. Communication is a critical component of healthcare, as it involves conveying information accurately and effectively among healthcare providers, patients, and their families.
Francisco is an unpublished, nonprecedential opinion about a medical malpractice, not product liability, case. It is pretty clear that Francisco is a medical malpractice action, right? If a doctor’s treatment of a patient is negligent, that usually spells medical malpractice. There is no carve-out for informedconsent.
There was an insufficient time to discuss the Torts: Medical Malpractice draft. Actions Taken Membership voted to approve §§48D-48F (Sepulcher) of the draft. Membership discussed but did not vote on the topic of medical monitoring. Footnote and lengthy list of names omitted).
The patient sadly passed away after having 23 teeth removed and replaced (for those keeping score, that is more than two-thirds of a normal human complement of teeth), and his family sued for medical malpractice and product liability. So maybe the manufacturer’s duty to warn and the physician’s duty to obtain informedconsent merge.
Today’s post is actually about a medical malpractice case. Within days, the hospital convened a “power morcellation group” tasked with drafting an informedconsent form that would reflect the FDA’s concerns. In Rivera v. Valley Hospital, Inc. 2022 WL 3650726 (NJ Aug.
Apparently, a fraudulent foreign-trained “doctor” treated the plaintiffs, none of whom claimed malpractice or any physical injury whatsoever. Anyway, this fraudulent “doctor” allegedly “touched them without informedconsent” and caused them “emotional distress. 23 in its current form.
Doctors are charged with discussing the risks and benefits of treatment and obtaining informedconsent from their patients. The proper cause of action in that case is not against the drug manufacturer but against the doctor for malpractice.
They’re experienced at what they do and aren’t intimidated by plaintiffs’ counsel and their threats of malpractice claims if they don’t testify the way plaintiffs want them to. procedure that existed at the time of [plaintiff’s] injury”; malpractice was “intervening cause”) (applying Kansas law); Eck v. Abbott Laboratories, Inc. ,
Second, the case also involved a lawsuit against the plaintiff’s regular gynecologist, who recommended a sling procedure during an office visit and referred the plaintiff to the implanting physician, for failing to obtain proper informedconsent for the defendant’s implant. That’s right. Can she do that? Now go call your mother.
A well-qualified Operating Room Nurse Expert witness was retained on a case where the operating room staff failed to advocate for the patient’s right to provide informedconsent and failed to accurately document implement counting procedures for all surgical items that potentially can be retained.
We organize all of the trending information in your field so you don't have to. Join 26,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content