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Hospital Answer Stricken for Destroying Paper Medical Record after Scanning into the EMR
Category: Health Care, Litigation
On Wednesday, October 25, 2017, the Arkansas Court of Appeals handed down an opinion affirming a severe sanction against a hospital in a medical malpractice case. The trial court had stricken the hospital’s answer, where hospital personnel destroyed the patient’s paper medical chart, after scanning…
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"Insider" Edition—Required Referrals and the Stark Law (Part Two of Two)
Category: Employment, Health Care
Hospitals and physicians must consider many items when a hospital is putting together an employment contract with a physician. One question we have seen more and more hospitals ask is whether a hospital may insert a provision into its physician employment contracts requiring hospital-employed…
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"Insider" Edition—Required Referrals and the Stark Law (Part One of Two)
Category: Employment, Health Care
When a hospital is putting together an employment contract with a physician, there are many items for both the hospital and the physician to consider. One question we have seen more and more hospitals ask is whether a hospital may insert a provision into its physician employment contracts requiring…
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Ransomware and Healthcare Providers
Category: Health Care
On February 5, 2016, hackers hijacked Hollywood Presbyterian Medical Center’s computer systems using ransomware that infects via email and locks a victim’s computer, core server or even its backup repositories and prevents access to data.[i] Typically, ransomware encrypts the files and creates a…
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New U.S. Supreme Court Decision on Nursing Home Arbitration Agreements
Category: Health Care, Nursing Home
Use of arbitration agreements in the nursing home context has been a hot topic across the country. The United States Supreme Court recently weighed in on the issue and held that the Federal Arbitration Act preempts any state rule that discriminates on its face against arbitration agreements, and…
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