Physician Risk Management – June 1, 2014
June 1, 2014
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When patients unable to pay for care that’s needed, strategies decrease risk
Physicians face legal risks when patients are unable to pay for recommended care, but risks can be lowered with shared decision-making and careful explanation of risks and benefits of alternatives. -
Plaintiff in these med/mal cases was unable to pay for care
Scott O’Halloran, JD, an attorney in the Tacoma, WA, office of Williams Kastner, has handled several malpractice cases involving patients who couldn’t pay for care. -
Refusal-of-treatment forms document patient’s decision
If a patient states he or she can’t afford recommended care, the physician can try to work with the patient to develop a plan, advises Scott O’Halloran, JD, an attorney in the Tacoma, WA, office of Williams Kastner. -
‘I’m sorry’ laws are being put to the test, revealing weaknesses in legal protection
A March 2014 ruling by Utah’s Court of Appeals distinguishes between apologies that merely express sympathy for an adverse outcome or complication and those that acknowledge fault. -
Treating ‘difficult’ patient differently can backfire legally for physician
If a physician gets the impression a particular patient is likely to sue, “he or she should trust their instincts,” advises Damian D. Capozzola, JD, of The Law Offices of Damian D. Capozzola in Los Angeles. -
Bad outcome due to medication with black box warning? The claim is not necessarily indefensible
Malpractice suits involving adverse outcomes from medications with a black box warning are defensible if physicians are supported by the prevailing community standard in the decision to prescribe. -
Successful suits against physician unlikely if device or drug is pulled from market
Successful malpractice suits against physicians for complications arising from medications or devices that were pulled from the market are unlikely. -
Cardiologist who prescribed medication with black box warning was defended successfully
A recent malpractice case involved a cardiologist who prescribed amiodarone, a drug with a black box warning, to a patient with heart palpitations. -
Court says warrant needed for blood alcohol test — Non-compliant physicians could face battery claim
A recent U.S. Supreme Court ruling that police generally must obtain a warrant before subjecting a drunken-driving suspect to a blood alcohol test has important malpractice implications for physicians.