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Federal judge denies Leapfrog Group's appeal of decision on hospital safety grades

Tenet Health headquarters in Farmers Branch, Texas. Five South Florida medical centers in Tenet chain sued and won a case over Leapfrog Group's hospital safety records.
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Tenet Health headquarters in Farmers Branch, Texas. Five South Florida medical centers in Tenet chain sued and won a case over Leapfrog Group's hospital safety records.

The judge had sided with five Tenet-owned South Florida hospitals, ruling Leapfrog could no longer automatically assign the lowest scores to facilities that declined to participate in voluntary surveys.

A federal judge on Wednesday denied Leapfrog Group’s appeal to a ruling in a lawsuit that led the nonprofit to change how it grades hospital safety factors.

In March, U.S. District Judge Donald Middlebrooks of the Southern District of Florida sided with five Tenet-owned South Florida hospitals, ruling Leapfrog’s grading system could mislead the public by automatically assigning the lowest scores to hospitals that declined to participate in voluntary surveys.

The facilities, all part of the Palm Beach Health Network, claimed the poor ratings harmed patients and undermined trust.

Middlebrooks issued an injunction requiring Leapfrog to remove the hospitals’ grades and notify users that certain past ratings relied on a “deceptive and unfair” methodology. The judge said converting missing data into failing scores unfairly penalized nonparticipating hospitals.

Leapfrog complied with the order. In May, its spring report did not assign grades to about 450 hospitals that did not participate.

Eight were in Florida, including the five that filed suit: Good Samaritan Medical Center and St. Mary’s Medical Center in West Palm Beach; Delray Medical Center in Delray Beach; Palm Beach Gardens Medical Center; and West Boca Medical Center.

Middlebrooks also denied the hospital’s attempt to force Leapfrog to cover $10.5 million in legal fees. The judge said the request could be refiled after Leapfrog exhausted all appeals.

I’m the online producer for Health News Florida, a collaboration of public radio stations and NPR that delivers news about health care issues.
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