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Physicians sometimes call NORCAL Group Risk Management department for advice after a patient has posted a negative review online. Some callers want confirmation that fighting back in court or online is appropriate, but these seemingly satisfying solutions can backfire.

Issuing a refund or reimbursement to a dissatisfied patient may seem like a simple solution to a potentially complicated problem. However, there are many different issues to consider that may not be immediately apparent.

Like other people, physicians and clinical staff members may commit crimes and engage in other noncriminal activity that can expose their healthcare employers to liability and regulatory violation risk.¹ Therefore, it is important to have processes in place to conduct background investigations on any staff member involved in patient care and practice operations, even those with personal references from current clinicians or staff.

The healthcare setting often involves sensitive and intimate exams that present challenges other businesses don’t face. Medical chaperones can provide a level of comfort for patients and may help ensure the best possible experience for patients and physicians alike. In so doing, the likelihood of a sexual misconduct allegation based on a misunderstanding is greatly reduced.¹ And while the case study below involves a physician and this article references physicians throughout, the lessons and recommendations are applicable to any healthcare professional.

While the news is full of high-profile HIPAA breach cases and assessments of multi-million-dollar fines, smaller practices are not immune. They often succumb to the same types of error and bad judgment that affect larger providers. Fortunately, by following a few sensible guidelines, even smaller practices can safeguard themselves against the improper disclosure of protected health information (PHI) that leads to a HIPAA breach.