Enterprise liability is a legal tort and a form of secondary liability in which an entire organization is held liable for actions of its agents or constituents. In the corporate world, enterprise liability is commonly used to hold corporations at least partially responsible for...
There are many factors to consider during the credentialing process and it is incumbent upon the hospital that is credentialing a new physician to undergo due diligence from a variety of sources.
On September 25, the State of Minnesota District Court, Fifth Judicial District issued a ruling on the legal effect of medical staff bylaws. The court ruled that although medical staff bylaws do not constitute a binding contract between the hospital and the medical staff, a...
In 2007, a bill was passed amending California's whistleblower statute extending the rights previously granted to nonphysician staff members to include physicians as well. The amendment allowed physicians that brought forth patient safety complaints to sue the hospital for...
In July it was revealed that two New Mexico surgeons were involved in nearly 80 malpractice lawsuits after performing back surgeries that only one of the surgeons was qualified to perform.
Each year new technology emerges that changes the way physicians and surgeons perform procedures. The use of cutting-edge equipment has increased the quality of patient care by allowing more procedures to be done with minimally invasive techniques, and made previously complex or...
A rash of cases in 2012 have piqued the interest of healthcare systems and legal experts on the matter of peer review protections. These cases serve as a timely reminder that medical staff services departments should take some time to review their procedures and ensure they are...
One year ago, CMS handed down a ruling that allowed hospitals utilizing telemedicine providers to credential physicians through a proxy, using information about the physician from the distant-site facility rather than collecting and verifying information on their own.
Peer review is intended to promote open and honest conversations about the performance of physician peers, with the ultimate goal of promoting patient safety and improving care. The protections offered under the Health care Quality Improvement Act (HCQIA) allow these reviews to...
Although a whistleblower and a disruptive physician may seem like they are on opposite ends of the spectrum, there is a very fine line that separates the two categories inside a healthcare facility.
