Physician Risk Management – May 1, 2014
May 1, 2014
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Criminal enforcement actions against physicians ‘very aggressive’
The government has increased enforcement actions against healthcare providers, including prosecuting physicians for quality-of-care issues, according to defense attorneys. -
‘Dramatically different’ burden of proof required for criminal prosecution
Criminal prosecutions of physicians for grossly substandard care almost invariably involve the death of multiple patients revealing a pattern of gross negligence or reckless indifference to patient safety, says Ben A. Rich, JD, PhD, professor in the Department of Anesthesiology and Pain Medicine at the University of California — Davis Health System’s School of Medicine. -
‘Clear pattern’ to successful prosecutions for improper opioid prescribing
The prescribing of opioid analgesics is a “target-rich” environment for criminal prosecution, says Ben A. Rich, JD, PhD, professor in the Department of Anesthesiology and Pain Medicine at the School of Medicine, University of California — Davis. -
Florida chips away at peer review protection — Some providers are greatly exposed
Participants in peer review discussions after an adverse event occurs might fear that documents created during the process will be used against them later during malpractice litigation. While many states have implemented statutes to protect peer review information, some states are eroding this protection. -
‘Ad hoc’ peer review process is unlikely to result in protection
Some well-intentioned hospitals or physician practices carry out peer review on an “ad hoc” basis and select the best way to deal with a particular problem, says Richard C. Kraus, JD, an attorney at Foster Swift Collins & Smith in Lansing, MI. -
No legal duty to report concerns about impaired colleagues, but impaired physician risks ‘reckless’ allegation
A physician who becomes aware of another physician’s impairment generally has no legal duty to report the concern, but plaintiff attorneys are likely to sue anyone suspected to have had knowledge of impairment who neglected to report it. -
Patients’ open access to medical records has the potential to decrease your legal risks
Some physicians fear that giving patients complete online access to medical records, as does the Open Notes system at Beth Israel Deaconess Medical Center, increases liability risks. However, a recent study showed that patients are highly satisfied when given online access. -
Expectation: Communication will come from the doctor
Where patients have access to their medical records online, it is important for physicians to filter what information is posted and when, says Sharona Hoffman, JD, LLM, co-director of the Law-Medicine Center at Case Western Reserve University School of Law in Cleveland, OH. -
Treatment not medically necessary? Doctors facing more scrutiny from payers
Physicians are facing increasing pressure from payers to stop ordering tests deemed not medically necessary. Yet failing to order diagnostic tests can leave physicians legally vulnerable. -
Claims are alleging failure to monitor surgical patients: More providers sharing responsibility — and liability
Common allegations in malpractice claims involving surgical patients are failure to obtain a proper medical history, failure to perform a preoperative examination, and failure to monitor patients postoperatively. -
Malpractice payouts increase for first time since 2003
Last year marked the first time since 2003 that there was an increase in the total medical malpractice payout amounts, as well as the total number of payouts, according to the 2014 Medical Malpractice Payout Analysis done by Diederich Healthcare, a Carbondale, IL-based provider of medical malpractice insurance.