Karl Bayer's Disputing Blog » Healthcare Disputes

Defensive Medicine and the Role of Tort Reform

By Holly Hayes - October 18, 2010

by Holly Hayes Modern Physician recently reported about a study by Harvard researchers that says the nation’s “medical liability system” accounted for approximately “$55.6 billion—or 2.4% of total healthcare spending in 2008—with almost $45.6 billion of that figure being spent on the practice of “defensive of medicine,” which includes ordering tests and procedures or avoiding high-risk patients in an effort to avoid being sued.”

How Healthcare Staff Can Impact Quality

By Holly Hayes - September 10, 2010

by Holly Hayes Our good friend, Don Philbin, sent us this link to a Harvard Business School article about “Turning Employees Into Problem Solvers” in healthcare. The article looks specifically at incident-reporting systems in hospitals and, rightly so, suggests that any system used to report and track incidents in healthcare should contribute to the implementation of actions to correct for those incidents resulting in higher quality c

New Law Requires End-of-Life Discussion

By Holly Hayes - September 3, 2010

By Holly Hayes Over opposition of the New York State’s medical society, last week, Gov. David A. Paterson signed a bill — the New York Palliative Care Information Act — which requires physicians treating patients with a terminal illness to “offer them or their representatives information about prognosis and options for end-of-life care, including aggressive pain management and hospice care as well as the possibilities for further life-susta

Physician Survey Reports: 4.5% of Medical Liability Cases Resolved by ADR

By Holly Hayes - August 27, 2010

By Holly Hayes An August American Medical Association (AMA) survey of 5,825 physicians illustrates a need for medical liability state and federal reforms. Survey responses indicated: 42.2% of physicians were sued, with 22.4% sued twice or more. Rates varied by specialty, but general surgeons and obstetrician-gynecologists were most likely to be sued (69.2%). Family physicians and general internists had similar rates (38.9% and 34%). Pediatricians

American Health Lawyers Association Newsletter | U.S. Court in Kentucky Orders Arbitration of Contract Dispute Between Hospital and Physician

By Holly Hayes - August 25, 2010

The August 20th issue of Health Lawyers Weekly, a publication by the American Health Lawyers Association features the following interesting case: A federal court in Kentucky held recently that a physician and hospital must arbitrate their contract dispute and enjoined the physician from proceeding with his state court action against the hospital. Greenview Hospital, Inc. and Dr. Eric Wooten entered into a purported contract on October 8, 2010. Se

Hospitals, Privacy & Social Media

By Holly Hayes - August 13, 2010

By Holly Hayes The Joint Commission (TJC) has patient care standards regarding patient rights. Standard RI.01.01.01 states: “The hospital respects, protects, and promotes patient rights.” The standard is scored by Elements of Performance (EPs) which include: 4. The hospital treats the patient in a dignified and respectful manner that supports his or her dignity. 7. The hospital respects the patient’s right to privacy. Even with those standards in

Massachusetts General Hospital Study Finds Physicians are Reluctant to Report Incompetent Colleagues

By Holly Hayes - August 3, 2010

By Holly Hayes The Joint Commission (TJC) requires that all hospitals have a process in place to identify and assist staff physicians with health and behavior problems. A July study published in the Journal of the American Medical Association (JAMA) conducted by researchers from Massachusetts General Hospital found more than 31 percent of the 2,000 doctors who responded don’t turn in colleagues who are impaired or incompetent. The study sur

Positive Results of Conflict

By Holly Hayes - July 27, 2010

By Holly Hayes In May, we wrote about Dr. Donde Plowman’s presentation in Austin where she spoke about the opportunity leaders have to create organizations where innovation can occur. One aspect of innovation in organizations, she believes, is the presence of conflict. So often, leaders are responsible for reducing conflict, but Dr. Plowman argues, conflict often results in innovation. She states, perhaps conflict in the organization means

Why Isn’t ADR More Popular? A Report from Harvard

By Holly Hayes - July 20, 2010

The article below was published this week on the Program on Negotiation at Harvard Law School website. Many scholars have noted that the business community would greatly benefit from third-party dispute resolution services. JThe authors note that disputants use arbitration and mediation less frequently than their preferences on surveys would predict and than rational parties would.

Just Published: “Meaningful Use” Regulation for Electronic Health Records

By Holly Hayes - July 14, 2010

by Holly Hayes The New England Journal of Medicine (NEJM) published on July 13, a summary of the final regulations on “meaningful use” of electronic health records (EHR). The full, final regulation is 864 pages and can be found here. The regulation divides the elements required for “meaningful use” into two groups: first, a set of core objectives that are an essential starting point for meaningful use of EHRs and, second, a menu of ad