Category Archives: Medical Malpractice

HEALTHCARE PROVIDER LIABILITY INSURANCE PRIMER

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By Bill Gompers Healthcare providers, by the nature of their business, always face liability risks. Although many of these risks can be lessened through implementation of risk-management practices, they can rarely be eliminated. Thus, it is prudent to implement a liability-insurance program that addresses the healthcare provider’s needs and ensures your peace of mind should

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Communication as a Contributing Risk Factor in Diagnostic Errors

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By Laura M. Cascella, MA Providing coordinated, competent patient care involves precision at many points in the clinical process, but particularly in sending and receiving information. Yet, “the increasingly complex healthcare environment can complicate the communication process and hinder the information exchanges necessary for optimum care.”1 Communication breakdowns in healthcare are not uncommon, and they
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Diagnostic Errors: A Persistent Risk

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By Laura M. Cascella, MA The term “medical error” often conjures thoughts of wrong site surgeries, procedures performed on the wrong patients, foreign objects left inside patients, medication mistakes, and other serious mishaps. Although these errors certainly deserve attention, the visibility surrounding them can easily overshadow common, but less sensational lapses. Diagnostic errors, for example,
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Preparing a Good Med Mal Storm Plan

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In the wake of the March 13, 2014 Florida Supreme Court ruling that a 2003 law limiting damages in medical-malpractice cases was deemed unconstitutional, a more difficult, “hard market” is predicted to hit Florida’s malpractice insurance market soon. What should we be considering in our medical practice to be prepared? Just like creating a hurricane

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Many states that passed malpractice caps a decade ago should expect to see judicial review because caps aren’t passing constitutional muster and aren’t delivering on what they advertised, says a legal expert.

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John Commins, for HealthLeaders Media, April 28, 2014 The Florida Supreme Court's ruling this spring invalidating that state's 11-year-old cap on damages in medical malpractice suits marks the latest successful challenge to state laws across the nation that critics say enrich insurance companies but deny due process to grievously injured people. "It is unfortunately a
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Caps in Malpractice Cases Thrown Out – What Next?

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Tweet By Matt Gracey, Jr. On Thursday, March 13, 2014, the Florida Supreme Court ruled that a 2003 law limiting damages in medical-malpractice cases is unconstitutional. The long-awaited ruling came in the case of a Panhandle woman who died of complications after giving birth in 2006. The court ruled 5-2 that a cap on "non-economic"
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BREAKING NEWS: SUPREME COURT REJECTS MEDICAL MALPRACTICE DAMAGE CAP

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On Thursday, March 13, 2014, the Florida Supreme Court ruled that a 2003 law limiting damages in medical-malpractice cases is unconstitutional. The long-awaited ruling came in the case of a Panhandle woman who died of complications after giving birth in 2006. The court ruled 5-2 that a cap on “non-economic” damages violates the Equal Protection

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CYBER LIABILITY 101

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Tweet Cyber liability is the risk posed by conducting business over the Internet, over other networks, or using electronic storage technology, including laptops, phones and tablets. Exposures are generally classified as a “first-party” or a “third-party” cyber liability.  A “first-party” cyber liability occurs when your own information is breached.  A “third-party” cyber liability occurs when customer
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Overexposed

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By Bill Gompers Most experts are predicting healthcare providers’ liability exposure will dramatically increase this year and in the immediate future. Many drivers are contributing to this situation, including the implementation of the Affordable Care Act (ACA), the conversion of medical record keeping from manual systems to electronic medical records (EMR), and converting from International
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Planning To Say I’m Sorry

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By Bill Gompers During the last few years many studies have revealed an increasing incidence of clinical errors in hospitals as well as office-based medical practices. Previously, it was common practice not to reveal such occurrences.  Considering today’s desire for transparency and established laws, rules, regulations and guidelines, it is widely accepted that patients should
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