Medlaw.com

If you know anything about electronic medical records as one of the major issues in healthcare right now, you know that if a case goes to court one of the most important things they are going to request is the META DATA -- the story behind the medical record. Meta data about your email and phone calls is just as important, but the NSA would have you believe that it is simultaneously unimportant to your privacy, but critical to their ability to spot bad guys. It cannot be both. Put another w

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On October 20, 2009, the patient presented to the hospital and was admitted for "uncontrolled hypertension and elevation in cardiac enzymes". He was discharged on October 23, 2009, but returned seeking emergency attention that same day. He was again discharged on the 23rd. Later that day, he was taken to another hospital where he died. On November 11, 2011, the widow and estate filed an EMTALA lawsuit in federal court along with two state malpractice counts. When faced with a motion to di

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On May 7, 2013, the U.S. Equal Employment Opportunity Commission (EEOC) settled its first disability and genetic information discrimination lawsuit in a district court case in Oklahoma. While the settlement specifically relates only to the company involved, employers should be aware of the potential consequences for discrimination. The EEOC has stated that it will focus on addressing illegal discrimination under GINA, the Genetic Information Nondiscrimination Act, which first took effect in 200

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Are you ready for the worst-case scenario -- an active shooter event? Most of my subscribers are telling me that they are not, and they are looking for resources, so I want to share this information that just crossed my desk. Steve Wilder, a guest speaker in several of my webinars and live seminars (and has earned the highest ratings from attendees), is going to be part of a highly qualified panel of presenters who will be offering a day-long program on preparing for an Active Shooter even

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When Google, Apple, and other major players deny cooperating with the federal government and allowing access to their computers for PRISM's massive data surveillance program, healthcare providers and business associates should not be re-assured. Either these players are issuing denials to cover their backsides, or they are admitting that the government is able to breach all of their security to sift their data on a 24/7 basis without them ever catching on. If Uncle Sam can do it, so can th

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Let's face it, federal rules and regulations are too complicated for even the Feds to figure them out, so it should come as little surprise that the HIPAA regulations that went into effect in March 2013 have some errors. In a final regulation to clear up "technical errors", the feds announced June 7 that the following changes are being made: § 160.508 [Amended] 2.Amend § 160.508(c)(5) by correcting “§ 160.410(b)(3)(ii)(B)” to read “§ 160.410(b)(2)(ii)(B) or (c)(2)(ii)” and by

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The patient presented at 5 pm with chest pains and shortness of breath. EKG and a blood draw were initiated within 20 minutes. A chest x-ray was performed in another 30 minutes. After several hours, the patient was seen by the ED physician, and then a cardiologist examined the patient. He offered the patient a "clot buster" or stent. He went to surgery for the stent about 11:30 pm. Later, the patient discovered that standards recommended that the process should be 90 minutes or less from

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In a prior post, I mentioned that my daughter was about to release a new reference book on HIPAA and predicted the release would come in April. Wrong. College classes and a social activity or two delayed completion until now, and in spite of my grousing about the delays, her Dean’s List performance did vindicate her scheduling priorities. First, it’s a hard-copy book with more than 170 pages. It is a reference to the full text of th

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Hidden in false concern about patient safety, CMS enacted "Never Events" that actually were about budget cutting. They were actually "Never Pay Events". But the false impression of such a denial is that someone is guilty of malpractice, when that is not necessarily true. Obamacare regulations and private insurance payment rules could likewise be used to insinuate that a provider is guilty of malpractice when the standards are payment standards, not standards of care. Georgia has enacted a

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What sign contents were reviewed by CMS in making their ruling on pain signs? The SC Hospital Association submitted the following language: Proposed Sign: Prescribing Pain Medication in the Emergency Department Our Emergency Department staff understands that pain relief is important when one is hurt or needs emergency care. However, providing pain relief is often a complex issue, especially when pain is a chronic or recurrent process. Mistakes or misuses of pain medication

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