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Medical Malpractice and Professional Liability Defense

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McBrayer Blogs

Showing 3 posts from 2017.

A PSA Regarding the PSA: Patient Safety Work Product and Privilege

Much has been made of the efforts to increase the quality of patient safety and healthcare in recent years.  To further this goal, Congress passed the Patient Safety and Quality Improvement Act of 2005 (“PSA”), which provides the protection of privilege to documents created as part of patient safety efforts in patient safety organizations. These organizations are defined as private, certified organizations that operate within larger healthcare organizations to improve care and reduce medical errors. The purpose behind this protection is to encourage healthcare providers to share information enabling evaluation of healthcare treatment, including failures, to improve patient safety and quality of care without fear of liability.  More >

EHR-Related Claims on the Rise for Healthcare Providers

Since the federal mandate requiring healthcare providers to implement electronic health records went into effect, medical malpractice claims involving their use are on the rise. These claims involve allegations that use of electronic health records (“EHR”) is contributing to patient injury.  Earlier this week, The Doctor’s Company (“TDC”) released a study examining factors surrounding the rise of these claims. More >

How to Minimize Professional Liability Risk: Five Practical Steps

One of the biggest challenges professionals face is when their very livelihood is threatened by litigation alleging professional malpractice.  Although the risk of litigation is inherent to many professions, there are a variety of strategies which, if implemented appropriately, can help mitigate that risk.

Fortunately, many of these practical steps can be taken by professionals at the outset of a project to prevent problems from arising at a later date. While the following tactics won’t prevent every potential problem, their utilization can reduce the risk of finding yourself – and your career – in a compromising position. More >

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