Physician Risk Management 2013-09-01

No diagnostic test ordered? Be sure chart includes the reason it wasn’t

Physicians can best protect themselves from allegations involving failure to order diagnostic tests by documenting their decision-making process.

Suit over informed consent? Make it easier to defend

Physicians can be held liable under an informed consent theory of liability, regardless of whether the standard of care was met.

Informed consent not always necessary

There are two types of situations where courts have held doctors are not required to provide informed consent to their patients.

Fix EMR issues before med/mal suit

Electronic health records (EHRs) sometimes can complicate the defense of a medical malpractice lawsuit due to inaccurate or incomplete medical records.

EMR update? Assess for problems

Check for unintended effects

Not all claims covered by med/mal policies

Physicians should be aware of types of claims excluded by their medical professional liability policies, including intentional wrongful acts, fraudulent activity, or sexual misconduct.

How you can stop risk-prone communication

Poor communication is often the precipitating factor in malpractice litigation, according to medical/legal experts interviewed by Physician Risk Management.

Patient harmed self after being in your care?

How you can protect yourself legally.

What is legal standard for non-psych MDs?

Dismissal often hinges on documentation.

LRC: Failure to diagnose bacterial meningitis causes infant’s death and $1.7 million verdict.

LRC: Surgeon hit with $5.1 million verdict for botched forehead lift.

Physician Risk Management – September 1, 2013

September 1, 2013