Physician Risk Management 2013-12-01

Patient refused care due to cost? Protect yourself from lawsuits

With higher out-of-pocket expenses and frequent referrad for high-cost specially care, patinets are more likely to refuse necessary care or to leave a hospital against medical advice. These decisions might increse the risk for a bad outcome and also might increase legal risks for physicians.

Prove AMA patient was fully informed

Claims allege failure to follow guidelines

Plaintiff attorneys often use guidelines to establish the legal standard of care. If physicians dont follow guidelines, their documentation should clearly explain the reason for not doing so.

Joint Commission standards cited by lawyer? Rebut allegations

Joint Commission survey results might not be discoverable

Beware of ‘captive’ med/mal coverage

Some financial planners or accountants offer to set up captive insurance companies for physicians, instead of purchasing medical malpractice coverage from a third party carrier.

Criticism from other physicians can fuel suit

Physicians criticize the care of other physicians with surprising frequency even if the standard of care has been met, according to a recent study. Tis criticism can fuel malpractice risks.

Delayed diagnosis: Poor communication is factor

Poor communication among care team members is one of the primary factors resulting in delayed diagnosis and treatment, according to a recent analysis.

New HIPAA regs: Proper privacy notices needed

Countersuit is rarely good option for MDs

Physicians often wish to countersure a patient or plaintiff attorney if they think a frivolous lawsuit is filed, but this action is rarely a good option.

Notify carrier, or risk loss of coverage Physicians often unaware of requirements

Physicians should immediately notify their medical malpractice insurance carrier if they believe a lawsuit is likely.

LRC:Man who suffers stroke due to his physician’s failure to monitor heart condition awarded $6.4 million

LRC:Woman who dies from pneumonia as result of misdiagnosis awarded nearly $2 million

Physician Risk Management – December 1, 2013

December 1, 2013