Issue link: https://viewer.e-digitaledition.com/i/1014440
Getting to the Root of Malpractice Claims BY STEVE BARRETT MORE MALPR ACTICE CL AIMS ARE REL ATED TO DIAGNOSIS THAN TO ANY OTHER SINGLE A SPECT OF CARE, MEDICAL LIABILIT Y INSURER COVERYS FOUND IN AN ANALYSIS OF ALMOST 11,000 CLOSED CL AIMS FROM 2013 THROUGH 2017. A THIRD OF CL AIMS and nearly half of indemnity payments have to do with diagnosis, the Boston-based company reports. An additional 24 percent of claims are surgery- and procedure- related, 14 percent have to do with medical management, and 9 percent are related to medication. Among other key fi ndings: + In a majority of claims linked to diagnosis, testing is the issue — whether ordering and performing tests or receiving, sending or interpreting the results. + For claims related to diagnosis, adverse events associated with cancer are more common than those associated with any other condition. In descending order, other conditions linked to a high prevalence of diagnosis-related claims are infection, cardiac or vascular conditions, fractures or dislocations, and myocardial infarction. + Diagnostic errors are more common in outpatient than in inpatient settings. More than a third of these errors take place in locations such as clinics or physician offi ces, and about a fourth happen in ER or urgent care settings. n CORE SITTING: A New Growth Industry in Liability? BY STEVE BARRETT W ITH E X TENDED PERIOD S of sitting being associated with a range of health issues, healthcare facilities may risk future liability if they do not provide options that get more employees on their feet. Researchers at Drexel University argue that permitting employees to have a cause of action in connection with sedentary work environments will force employers to minimize potential harm related to remaining seated for too long. The group studied how some government agencies and private companies promote healthful lifestyles. Many encourage a range of healthy practices — from health coaching to various screenings. Others more directly address their sedentary environments by making treks to coff ee stations longer, for example, or making it convenient to play basketball on-site. The authors also found that in limited cases, courts have appeared open to the idea that employees can meet the legal threshold required to establish that a sedentary workplace may be the cause of a harm that merits compensation. "Forcing the employer to incorporate the full cost of employment, including the cost of injury or disease precipitated by a workplace that is designed for sitting for the majority of the day, will incentivize employers to change their workplace design as necessary in order to avoid liability," co-author Natalie Pedersen, JD, Assistant Professor of Legal Studies, stated in a news release. The study is slated for publication in the Lewis & Clark Law Review. n M D N E W S . C O M /// M D N E W S L O W E R H U D S O N / B R O N x ■ 2 018 P R A C T I C E M A N A G E M E N T ❰❰❰❰❰ 0 5