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Medical Malpractice Lawyers Medical Malpractice Lawyer Blog Pressuring Hospitals to Do Better
Request a Free ConsultationUpdated June 19, 2025 | By Wilson Kehoe Winingham staff
The Centers for Medicare and Medicaid Services (CMS) recently announced that it will impose financial penalties on 758 hospitals for having poor performance on measures of preventing patient harm. This year is the second that the CMS has done this as part of the implementation of the Affordable Care Act (ACA). Just over half of these hospitals were also on the list the year before, which was made up of the 724 hospitals with the worst performance. These numbers represent the bottom quartile of hospitals, which CMS is required by law to penalize. The penalties mean that each of these hospitals will receive 1% less in Medicaid reimbursements.
Although the penalties are important and will result in approximately $364 million in savings to Medicare, they aren’t being handed out for purely financial reasons. The true intent of the penalties are to improve patient care. The CMS reviewed how well each hospital protects patients from hospital-acquired conditions (HACs): infections and injuries that happen to patients while they are in the hospital for another reason.
Although HACs result in thousands of patient deaths each year, healthcare analysts view them as preventable and consider them a good measure of how well a particular hospital handles overall patient treatment, from admission through discharge. By measuring a limited number of factors, including surgical site infections and urinary tract infections, CMS generated an HAC score for every hospital. At least 20 Indiana hospitals scored low enough to be subject to penalties. Several well-known institutions also made the list, such as Cedars-Sinai in Los Angeles and more than one Mayo Clinic system hospital.
Randy Erickson2024-08-16 Our Father died from a fall due to negligence at the facility he was at for rehab. Our family is grateful for Kent Winingham and Maria Dicken for their support and dedication to our case. Kent has a thorough knowledge of Indiana laws and prepared a successful case. They answered all of our questions and kept us informed during the entire process. Our family would highly recommend WKW. Rachael Stone2024-07-16 Kent and Maria were absolutely amazing to work with!!! You can tell that they genuinely care about you and your family and the case. They take time to explain everything to you in words that you will understand. And they did AMAZING with our case and fought hard for our family and won. Thank you so much for all you guys did for our family, especially in a time of sadness!!! I highly recommend Wilson Kehoe Winingham you definitely will not be disappointed at all! DAVID RUSSELL2024-07-12 “ Kent Winingham and his Paralegal Angie were there to assist my Son and I throughout the entire process from start to finish in two different cases. Kent and his staff helped us navigate the unique challenges that presented themselves in these particular cases. Kent and his staff was thorough, diligent, and professional, handling our cases in a timely manner. Kent and his staff were patient with us and communicative at all times, involving us in every step. I highly recommend Atty. Kent Winningham and his staff at Wilson Kehoe Winingham. Ron Bryan Sr2024-06-04 Nice people to talk to and work with. Would recommend to anyone needing a good law firm. Michael Lennartz2024-06-03 The whole team at WKW worked tirelessly to help us receive compensation after an auto accident. Bill Winingham personally visited us in Lafayette to talk about the case and contacted us after hours several times to discuss issues. Our paralegal, Cynthia, was wonderful as she helped us gather all the information needed to provide evidence in our case. Additionally, as the case unexpectedly dragged on, everyone at WKW continued to be patient and optimistic as we finally worked towards a successful outcome in our case. Jennifer Peterson2024-03-26 After suffering a life changing work related injury, I was left with no other choice than to reach out to an attorney to assist me with getting financial assistance for my past and future medical bills. The first attorney I worked with in Massachusetts stated they would be able to assist me with my case but ultimately stated it was in my best interest to reach out to a law firm in the state where the accident took place. So I had to start researching the Indianapolis area and spoke to a few attorneys who stated that they didn't feel I had a good case and therefore couldn't assist me. Finally after almost giving up hope, I was referred to Wilson Kehoe Winingham. I called and spoke with Bill Winingham and Jon Noyes who were expecting my call. They both listened to my story and immediately stated I did have a case and they would be happy to help. The process was long and I had to make a few trips to Indianapolis to meet with them and the judge but in the end they helped me. I always felt like they had my best interest at heart and gave me honest feedback at all times. I would highly recommend them and the firm if you ever find yourself in need a assistance. I can't say enough about them. Chelsea Moore2024-03-07 I was referred to use Kent Winingham for an injury I had suffered in an auto accident. I was nothing but pleased! Kent and his team went above and beyond to make sure that I got every penny I deserved! He was a great listener, great negotiator, and EXTREMELY prepared! If you find yourself needing legal help due to injury look no further than Kent Winingham! Thanks again Kent!
Great progress has been made in recent years toward improving patient care by eliminating surgical errors and situations which can lead to infections and post-operative injuries in a hospital setting. The class of mistakes known as “never events” is one example. These are errors that doctors agree should never happen: an operation on the wrong site, performing the wrong procedure, or operating on the wrong patient. Yet several studies have indicated that about 4000 of these “never events” happen every year.
Simple steps can correct this, and hospitals have been moving to adopt procedures that eliminate “never events.” You might be familiar with some of them: asking the patient to confirm their name and the operation they’ll be undergoing; marking the right (and wrong) side of the body with a magic marker; the medical team following a checklist through all phases of the procedure. In a previous step to encourage better practices, the CMS already stopped reimbursing hospitals for costs related to “never events” beginning in 2008.
If you or a loved one have been injured as a result of a preventable medical error, you are urged to contact the attorneys of Wilson Kehoe Winingham. The experienced Indianapolis medical malpractice attorneys at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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