Physician Risk Management 2013-10-01

Electronic fingerprints are making some malpractice claims indefensible

Metadata is the electronic fingerprint that is left from all interactions done with electronic medical records (EMRs).

Unsure how EMR works? It’s legally risky

Paper-based habits risky with EMRs Physicians should change charting practices

Physicians face ‘triple threat’ with opioids, and many claims are wrongful death cases

Malpractice claims and wrongful death cases involving prescribing of opioids are increasing, according to attorneys interviewed by PRM.

Late entries are legal game-changers, and they’re devastating for defense

Late entries can make a case indefensible if the timing is misrepresented, and can raise questions about the physician's credibility even if properly done.

Learn of problem before chart is done?

Liability for patient’s infection hard to prove — Plaintiff attorneys rarely take cases

Plaintiff attorneys are starting to look at hospital-acquired conditions as the basis for a cause of action.

Disclose errors, but proceed with caution — Poorly done disclosure could backfire legally

Disclosing errors that harmed patients is potentially protective against liability claims, but poor disclosure practices can cause problems.

Take these steps for ‘good’ disclosure

‘Catastrophic’ payouts for med/mal unlikely

Payouts of more than $1 million, known as catastrophic claims, made up 7.9% of total claims.

Named in suit? Increase odds of being dismissed

The plaintiff and defense have a goal of early dismissal of defendant physicians, but this action often doesnt occur until late in the process.

LRC: Patient suffers stroke during elective hair transplant, has $2.7 million verdict reduced due to culpable conduct

LRC: Mistake in cancer diagnosis leads to seven months of unnecessary chemotherapy, subsequent hospice care

Physician Risk Management – October 1, 2013

October 1, 2013