Organizations can’t always predict a crisis, but they can have an action plan at the ready when one occurs. And while no one has a crystal ball, knowing potential areas of weakness – or risk – puts an organization far ahead in anticipating the unpredictable. When a crisis does happen, an early, thorough, and compliant investigation is key to navigating next steps and getting organization back on its feet, which is particularly important when that business is healthcare.
Unfortunately, one significant, and expected, challenge for health care providers in particular is workplace violence. Rates of violence against healthcare workers are escalating on a global scale. Shockingly, approximately 75% of all annual workplace assaults are reported within healthcare or social service settings, as outlined by OSHA. Recognizing this critical issue, our dedicated team is committed to providing comprehensive legal counsel and support to healthcare organizations, institutions, and professionals in navigating the complex landscape of security, workplace violence prevention, and crisis management within the healthcare industry.
Our approach:
Regulatory Compliance and Risk Assessment:
Staying compliant with ever-evolving healthcare laws and regulations is a top priority. We conduct thorough risk assessments, ensuring healthcare organizations are aware of potential legal risks related to security, workplace violence, and crisis management. Our team provides tailored strategies to mitigate risks and maintain compliance with federal, state, and local laws.
Workplace Violence Prevention and Management:
We guide our clients in developing and implementing proactive workplace violence prevention programs. Our attorneys assist in creating policies, conducting training sessions, and establishing mechanisms for early intervention to maintain a safe and harmonious work environment.
Crisis Preparedness and Response:
Rapid and effective crisis management is imperative to safeguard an organization’s reputation and operations during adverse events. Our team excels in devising crisis management plans that equip organizations to respond promptly and efficiently to emergencies, ranging from natural disasters to reputational crises. We navigate legal intricacies to help clients maintain compliance and manage liability during critical situations.
Surveys and Corrective Action:
When unexpected events lead to surveys by certification and accrediting organizations or state licensing agencies, our attorneys can trouble shoot issues during the survey process; facilitates corrective action plan development and implementation; and can assist with appeals of potential civil monetary penalties or termination actions. With years of experience assisting clients with certification, recertification, validation, and complaint surveys, our attorneys understand the importance of legal and practical advice when responding to complaints and navigating the survey process.
Litigation Services:
Workplace violence often leads to litigation, the results of which vary from early dismissal on legal grounds to protracted litigation resulting in settlement or trial. Our litigation team has extensive experience defending clients following workplace violence and have defended mental health providers in litigation involving claims of a duty to protect or a duty to warn. Our litigators are adept at handling high-profile cases in this arena, including the representation of the mental health providers in the litigation that followed the deadliest mass shooting at a university in U.S. history.
