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In last month's issue, we discussed the recent development of the concept of “Never Events”: things that should never occur absent negligence in hospitals or other health care settings. The federal government and many insurers no longer reimburse care providers for Never-Event injuries, such as bed sores, foreign objects left behind during surgery, and hospital falls, among others.
While the right to be reimbursed for providing care is obviously important, care providers and their attorneys have other concerns about the list of Never Events. Will the list have an impact on medical malpractice claims and their outcomes?
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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