Knowledge Library

Lawsuits are Not Always Over When the Verdict Comes In

Clinician stress is well-documented. Even before the pandemic brought the double whammy of reduced staffing levels and increased patient care burdens, the ever-growing demands from electronic medical records, patient satisfaction surveys, and health insurance pre-authorizations contributed to burnout. However, one stress factor that isn’t usually considered is litigation. During a lawsuit, clinicians are likely to feel isolated, in large part because they are discouraged from discussing their case with their peers. When combined with remorse and self-doubt, as well as immersion in new and unfamiliar legal terrain, clinicians may experience sleepless nights and an inability to focus. Relationships can become...

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Before You Hit Send – Patient Safety Strategies

The first email was sent in 1971, the first text message in 1992, and people sharing their thoughts have not paused since. Those novelties are now commonplace to virtually everyone, including physicians and other healthcare providers communicating about patients—and sometimes about adverse events. Because they are ubiquitous and seemingly ethereal, it’s easy—especially for less-experienced physicians—to forget that emails and (some) texts are part of the medical record, including some messages that could one day be excerpted and projected during a medical malpractice trial. In the investigation of a medical professional liability (MPL) claim or lawsuit, emails or texts sent to...

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New Law Alert 2023: Idaho

The Idaho legislature passed several bills impacting Idaho physicians. For a complete list of new healthcare laws, please see the Idaho Medical Association advocacy page. All laws are effective July 1, 2023 unless otherwise noted. Telehealth/Virtual Care Virtual Care Access Act (H 162): This Act clarifies virtual care practice requirements and addresses requirements for out-of-state providers treating patients via virtual care while the patient is located in Idaho. Mental, behavioral telehealth (H 61): House Bill 61 provides that a licensed mental or behavioral health provider who is not licensed in Idaho may provide telehealth services to an Idaho resident or...

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ED Malpractice Cases Aren’t Necessarily Dramatic

Anyone who has watched much American television knows that a hospital emergency department (ED) is filled with “crisis mode” scenes of traumatically injured patients (usually) being saved within 59 minutes of the opening credits. Anyone who has been a patient or provider in an American ED might wish to quibble with those depictions. According to the National Center for Health Care statistics, there were 131 million ED visits, or 40 for every 100 Americans, in 2020. More than two-thirds (71%) of those ED visits were for reasons other than injury. In addition to the sheer volume of visits is the...

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DEA Extends COVID Telemedicine Prescribing Rules for Controlled Substances

UPDATE: DEA and HHS Extend Telemedicine Flexibilities through 2024 October 9, 2023 Statement from the DEA on Telemedicine Flexibilities deadline: "We continue to carefully consider the input received and are working to promulgate a final set of telemedicine regulations by the fall of 2024, giving patients and medical practitioners time to plan for, and adapt to, the new rules once issued.  Accordingly, DEA, jointly with the Department of Health and Human Services (HHS), has extended current telemedicine flexibilities through December 31, 2024.  The full text of the extension, entitled “Second Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled...

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