what are hospitals legally required to report patient injury

by Camden Farrell 5 min read

Hospitals' Duty to Report Patient Harm - FindLaw

21 hours ago  · The Patient Health Information and Quality Improvement Act of 2000 6 introduced by Senate Health Committee Chairman Kemp Hannon and others, would tighten these reporting requirements by reducing from 60 days to 30 days the time within which hospitals have to conduct their investigations of incidents or to report physician problems. The proposed legislation would also amend PHL §2803-e to require hospitals to … >> Go To The Portal


The hospital can take no more than seven calendar days to determine whether an incident is required to be reported. 4 The hospital then must follow up with written notification within seven days of the original notification, in a format specified by the Health Department, recording the nature, classification, and location of the incident; medical record numbers of all of the patients directly affected by the incident; the full name and title of physicians and hospital staff directly involved in the incident as well as their license, permit, certification or registration numbers; the effect of the incident on the patient; follow-up treatments and evaluations planned; the expected completion date for the hospital's investigation, and identification information required by the Health Department. 5

Full Answer

What should be included in a report of injury?

-- A report of injury shall include: (1) The injured individual's name and address, if known; (2) A description of the injury; and (3) Any other facts concerning the matter that might assist in detecting crime. (c) Penalty.

When does a hospital have to report a patient to law enforcement?

(1) A hospital shall report to a local law enforcement authority as soon as reasonably possible, taking into consideration a patient's emergency care needs, when the hospital provides treatment for a bullet wound, gunshot wound, or stab wound to a patient.

What is a health care professional's duty to report an injury?

(a) A health care professional who initially treats or attends to a person with an injury described in (b) of this section shall make certain that an oral report of the injury is made promptly to the Department of Public Safety, a local law enforcement agency, or a village public safety officer.

Do you know when to report medical incidents in hospitals?

There are many reasons for unreported medical incidents, but not knowing when to report is one of the most common ones. Unfortunately, many patients and hospital employees do not have a clear idea about which incidents to report. Knowing when to report in hospitals can boost safety standards to a great extent. Let’s consider three situations: 1.

What are the 4 elements you should try to get when reporting an adverse event to patient safety?

The minimum dataset required to consider information as a reportable AE is indeed minimal, namely (1) an identifiable patient, (2) an identifiable reporter, (3) product exposure, and (4) an event.

What is the incident reporting process in healthcare?

Incident reporting in healthcare refers to collecting healthcare incident data with the goal to improve patient safety and care quality. Done well, it identifies safety hazards and guides the development of interventions to mitigate risks, thereby reducing harm.

Which types of events should be reported in a safety report?

All team members are required to participate in the detection and reporting of any error, medication error, near miss, hazardous/unsafe condition, process failure, injuries involving patients, visitors and staff or a sentinel event.

What is a patient safety report?

Patient Safety Reporting (PSR) gives military treatment facility personnel the ability to anonymously report medical events that impact the safety of patients.

What are the 4 types of incident reports?

Common Types of Incident ReportsWorkplace. Workplace incident reports detail physical events that happen at work and affect an employee's productivity. ... Accident or First Aid. ... Safety and Security. ... Exposure Incident Report.

What is the nurse's responsibility regarding incident reporting?

Nurses have a duty to report any error, behaviour, conduct or system issue affecting patient safety. This accountability is found in section 6.5 of the Code of Conduct. Medications and devices prescribed to patients can cause unforeseen and serious complications.

What is the most common type of incident reporting event?

medication incidentsThe most common types were medication incidents (29%), falls (14%), operative incidents (15%) and miscellaneous incidents (16%); 59% seemed preventable and preventability was not clear for 32%. Among the potentially preventable incidents, 43% involved nurses, 16% physicians and 19% other types of providers.

Is a fall with injury a sentinel event?

Patient falls resulting in injury are consistently among the most frequently reviewed Sentinel Events by The Joint Commission. Patient falls remained the most frequently reported sentinel event for 2020.

What are reportable sentinel events?

The term sentinel refers to a system issue that may result in similar events in the future. The National Quality Forum defined the term serious reportable events as “preventable, serious, and unambiguous adverse events that should never occur.” These events are also termed as never events.

When should a incident report be completed?

Generally, you should complete an incident report whenever an unexpected occurrence causes property damage or personal injury.

Why reporting is necessary for patient safety?

Reporting systems (frequently referred to as reporting and learning systems) capture patient safety concerns, hazards and/or incidents and are meant to trigger action, facilitate communication, response, learning and improvement.

Why must a SI report be?

It is important that any incident suspected as a SI is notified to the Patient Safety Team as soon as possible. The notification ensures communication of incidents and the mobilisation of help and support. Even when it is decided an incident is not a SI the notification can be very valuable.

What is medical malpractice?

Medical malpractice cases are known for being complicated legal proceedings. For an injured patient to get help with past and future medical bills, lost wages, and other money damages, the ability to sue the hospital at which the patient was injured is a vital part of the case.

Can a hospital be responsible for a medical malpractice lawsuit?

Hospital staff could also have contributed to a patient’s injury. The hospital itself can also be responsible in a medical malpractice suit.

Who shall notify the hospital or institution of an injury?

provided, that when a physician in the performance of service as a member of the staff of a hospital or similar institution attends any person so injured, he shall notify the person in charge of the hospital or institution or his designated agent who shall report or cause reports to be made in accordance with this chapter.

Where to report an injury in the District of Columbia?

An oral report shall be made immediately by telephone or otherwise, and followed as soon thereafter as possible by a report in writing, to the Metropolitan Police Department of the District of Columbia. Such reports shall contain, if readily available, the name, address, and age of the injured person, and shall also contain the nature and extent of the person's injuries, and any other information which the physician or other person required to make the report believes might be helpful in establishing the cause of the injuries and the identity of the person who caused the injuries.

Who is called upon to treat a gunshot wound?

A. A physician, surgeon, nurse or hospital attendant called upon to treat any person for gunshot wounds, knife wounds or other material injury which may have resulted from a fight, brawl, robbery or other illegal or unlawful act, shall immediately notify the chief of police or the city

Who do you report a bullet wound to?

Each hospital, outpatient surgical facility and outpatient clinic shall report or cause a report to be made to the local police department or the state police of each person treated for a bullet wound, gunshot wound or any injury arising from the discharge of a firearm. Such report shall be made as soon as practicable after the treatment is rendered and shall contain the name and address of the injured person, if known, the nature and extent of the injury and the circumstances under which the treatment was rendered.

Is there a mandatory reporting statute for non-accidental injuries?

No mandatory reporting statute for non-accidental injuries.

How long after incident should you report a patient?

Patient incident reports should be completed no more than 24 to 48 hours after the incident occurred. You may even want to file the report by the end of your shift to ensure you remember all the incident’s important details. RELATED: Near Miss Reporting: Why It’s Important.

Who completes a medical report?

Reports are typically completed by nurses or other licensed personnel. They should then be filed by the healthcare professional who witnessed the incident or by the first staff member who was notified about it.

Why is it important to review patient incidents?

Reviewing incidents helps administrators know what risk factors need to be corrected within their facilities , reducing the chance of similar incidents in the future.

Why is 62 percent of incidents not reportable?

Staff did not consider 62 per cent of incidents as reportable, due to unclear incident reporting requirements. Because of this, the first step to incident management in any healthcare facility is writing strong, clear reporting requirements. Then, staff can submit reports that help correct problems of all types.

Why do we use resolved patient incident reports?

Using resolved patient incident reports to train new staff helps prepare them for real situations that could occur in the facility. Similarly, current staff can review old reports to learn from their own or others’ mistakes and keep more incidents from occurring. Legal evidence.

What to include in an incident report?

Every facility has different needs, but your incident report form could include: 1 Date, time and location of the incident 2 Name and address of the facility where the incident occurred 3 Names of the patient and any other affected individuals 4 Names and roles of witnesses 5 Incident type and details, written in a chronological format 6 Details and total cost of injury and/or damage 7 Name of doctor who was notified 8 Suggestions for corrective action

How long does it take to file a patient incident report?

Patient incident reports should be completed no more than 24 to 48 hours after the incident occurred.

Who is responsible for filing incident reports?

The busiest hospital personnel, nurses, and doctors are mainly responsible for filing incident reports. Due to their busy and often overworked schedule, they sometimes fail to report incidents. A solution must factor in this constraint at the time of design and implementation to ensure all incidents are recorded in a timely fashion without over-burdening the staff.

Why is patient safety in hospitals in danger?

Patient safety in hospitals is in danger due to human errors and unsafe procedures. Everyone makes mistakes, even good doctors and nurses. However, by recording these mistakes, analysing and following up, we can avoid the future occurrence of mistakes/accidents. To err is human, they say.

What is an incident in healthcare?

An incident is an unfavourable event that affects patient or staff safety. The typical healthcare incidents are related to physical injuries, medical errors, equipment failure, administration, patient care, or others. In short, anything that endangers a patient’s or staff’s safety is called an incident in the medical system.

Why is incident reporting important?

Improving patient safety is the ultimate goal of incident reporting. From enhancing safety standards to reducing medical errors, incident reporting helps create a sustainable environment for your patients. Eventually, when your hospital offers high-quality patient care, it will build a brand of goodwill.

What is clinical risk management?

Clinical risk management, a subset of healthcare risk management, uses incident reports as essential data points. Risk management aims to ensure the hospital administrators know their institution performance and identify addressable issues that increase their exposure.

How much of healthcare is wasted?

Even the World Health Organisation (WHO) has estimated that 20-40% of global healthcare spending goes waste due to poor quality of care. This poor healthcare quality leads to the death of more than 138 million patients every year. Patient safety in hospitals is in danger due to human errors and unsafe procedures.

How long does it take to file an incident report?

Usually, nurses or other hospital staff file the report within 24 to 48 hours after the incident occurred. The outcomes improve by recording incidents while the memories of the event are still fresh.

How long was the bedpan left on a woman recovering from hip surgery?

At Abington Memorial Hospital, an elderly woman recovering from surgery for a broken hip in 2005 was left on a bedpan for at least 41/2 hours. She developed two open bedsores as a result.

What hospital was cited for failing to file serious event reports?

Besides Fox Chase, Mercy Fitzgerald and Abington, Brandywine Hospital in Chester County was cited for failing to file any serious-event reports from October 2006 through March 13, 2007.

Why was Brandywine Hospital cited?

Besides Fox Chase, Mercy Fitzgerald and Abington, Brandywine Hospital in Chester County was cited for failing to file any serious-event reports from October 2006 through March 13, 2007.

What are the problems that should never happen in New Jersey?

They include surgery on the wrong patient, an infant discharged to the incorrect person, serious injury from incompatible blood transfusions, and death or serious injury due to a medication error.

Why do consumers want more transparency?

Consumer advocates want more transparency so patients can make better health-care decisions.

Do hospitals have to report medical errors?

For several years now, hospitals in Pennsylvania and New Jersey have been required to report medical mistakes and serious complications to state agencies charged with reducing medical errors. But some hospitals aren't fully complying, undermining efforts to improve patient safety, experts say.

Which organization supports reporting and opposes public release of information?

The New Jersey Hospital Association, which supports reporting, opposes public release of that information.

How long does it take to report a hospital incident in Louisiana?

The report must be made within 24 hours of the incident.

Who provides contact information for use by the hospital in making the notification?

the law enforcement agency has provided contact information for use by the hospital in making the notification.

What happens if a victim wishes to report an incident to the police?

If the victim wishes to report the incident to law enforcement officials, the hospital staff shall contact the appropriate law enforcement agency. After the incident has been reported, the victim shall be examined and treated as a regular emergency room patient, and any injuries requiring medical attention will be treated in the standard manner, and specimens shall be kept for evidence. Such evidence shall be turned over to the law enforcement officers when they arrive to assume responsibility for investigation of the incident.

Who is a mandatory reporter?

Mandatory Reporters, such as health practitioners and mental health/social workers, who has cause to believe that a child’s physical or mental health or welfare is endangered as a result of abuse or neglect or that abuse or neglect was a contributing factor in a child’s death shall report. Ch C. Art. 609. Violation of the duties imposed upon a mandatory reporter subjects the offender to criminal prosecution.

Do you have to report an incident to a hospital?

No hospital may require a person to report the incident in order to receive medical attention. La. R.S. 40:2109.1. Victim does not wish to report. If the victim does not wish to report the incident to law enforcement officials, the victim must be examined and treated as a regular emergency room patient.

Does a summons or arrest warrant have to be executed prior to admission to the hospital?

the law enforcement agency has certified in writing that the patient has been issued a summons or arrest warrant for an offense, but as a result of the need for emergency medical care, the warrant has not been executed prior to admission to the hospital.

Who can report a child's mental health?

Permitted reporters or any other person having cause to believe that a child’s physical or mental health or welfare is endangered as a result of abuse or neglect, including a judge of any court of this state, may report. Ch. C. Art. 609.

What happens if a patient arrives in critical condition and fails to treat them?

For instance, if a patient arrives in critical condition and failing to treat them will result in severe injuries or possibly death, then the hospital will be held responsible for turning away a patient who needs immediate medical attention.

Why would a hospital refuse to admit a patient?

In contrast, if a patient’s conditions do not fall under the protections offered by EMTALA, then the hospital may refuse to admit or treat the patient simply because they are uninsured. A hospital is a business after all, which means they will sometimes have to make tough decisions in order to protect themselves from liability.

What happens if a doctor refuses to admit a patient?

On the other hand, if a doctor refuses to admit or treat a patient without ever considering the patient’s current medical condition, then some courts will find that the hospital should be held liable for refusing to admit or treat the patient.

What is an example of a hospital being held liable for refusing treatment?

For instance, if a patient arrives in critical condition and failing to treat them will result in severe injuries or possibly death, then the hospital will be held responsible for turning away a patient who needs immediate medical attention.

What does it mean when a hospital is short on resources?

If the hospital is short on resources (e.g., not enough beds, staff, medicine, overcrowded, etc.); When the hospital believes that the patient would receive better treatment at a different facility; and/or. If the hospital lacks the appropriate equipment or type of medical personnel required to properly treat a patient’s injury or illness.

What to do if you are denied admission to a hospital?

If you have suffered further injuries or illness due to being denied admittance or treatment by a hospital, then you should consider contacting a local personal injury lawyer for advice. Your attorney will be able to determine whether you have a viable claim, and if so, they can walk you through the process of recovering any damages you might be owed for the harm done to you.

Can a hospital refuse a patient's medical treatment?

According to the terms of the Emergency Medical Treatment and Active Labor Act (“EMTALA”), a hospital cannot refuse a patient medical treatment if it is an emergency, regardless of whether the patient is insured or not. Thus, if a patient requires immediate medical attention or is in active labor, then a hospital can be held liable ...

Who to consult with for nurse reporting?

Consult with a nurse attorney or attorney to help guide you with the reporting, especially if you are not supported by your employer;

What happens if a nurse fails to report violence?

Indeed, if you as a nurse fail to report an instance of violence when required to do so, you could face professional disciplinary action by the state board of nursing, a loss of any certifications you hold (e.g., certification as a school nurse), and criminal prosecution (usually a misdemeanor). 2

When a mandatory duty to report violence against an individual or individuals exists, there is no exception to the directive?

When a mandatory duty to report violence against an individual or individuals exists, there is no exception to the directive: one must report without fail. This translates into no excuse for not doing so. As a result, nurse-patient confidentiality, another staff member or administrator telling you not to report your concerns, or a family member pleading with you not to report your observations do not affect your duty to report.

When was the Avoiding Liability Bulletin issued?

Avoiding Liability Bulletin – April 2013. Federal and state laws require that certain individuals, particularly those who work in health care, with the elderly, with children, and other vulnerable populations, have an affirmative duty to report to a specified state agency when violence occurs against those populations.

Who to share concerns with?

Share your concerns with the individual identified in your facility or agency policy to do so (e.g., CNO, Administrator, Risk Manager);

What are the statutes for child abuse?

Statutes include child abuse and neglect reporting statutes, medical neglect of children and the elderly, elder abuse in the community or in nursing homes reporting laws, and domestic violence. Reporting statutes have certain conditions and protections the reporter must meet and possesses in order to ensure that the reporting is not done ...