More children are being brought to pediatricians for nonurgent care by adults who are not their legal guardians. What can a pediatrician do to reduce his or her risk of liability when treating children with "consent by proxy"?
Although the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 authorized initial grants and incentives to promote “meaningful use” of electronic health records (EHRs) by providers, one of the potential risks that has not been given much discussion is the risk of medical malpractice liability.
Given the crucial role pediatricians play in the health of children and in the US healthcare system in general, it is vitally important that pediatric practices understand what the actual legal obligations and risks are for providing pediatric services.
Despite changes to the Health Insurance Portability and Accountability Act (HIPAA) that dramatically affect the risk profile of medical practices, many have yet to establish a full arsenal of defenses against data breaches. The simple fact is that failure to update your protections can multiply your vulnerabilities and fines if a breach occurs.
Dr. Skin, a dermatologic surgeon and head of a resident training program at a well-recognized academic center performed a surgical excision on a patient's eyelid growth. The patient called in the evening with concerns about her vision and spoke with Dr. Skin's covering physician who assured her that was not unusual. In the morning, the patient's vision was gone. She sues both Dr. Skin and his covering physician. Is Dr. Skin liable?