Physician Risk Management 2012-07-01

Reported to the data bank? There's a lot you can do to mitigate damage

Once a report is filed with the National Practitioner Data Bank (NPDB), it is "virtually impossible to get rid of it, absent a provable error," says Robert S. Iwrey, JD, a founding shareholder with The Health Law Partners in Southfield, MI.

Plaintiff can use EMR charting against you

Few physicians realize that using an electronic medical record (EMR) exposes them to an "Orwellian level of analysis," according to Sam Bierstock, MD, founder of Champions in Healthcare, a consulting company in Delray Beach, FL specializing in advising hospitals, physicians, and technology companies on implementing EMRs and healthcare information technology.

You may be wrong on which patients will sue

Although some physicians won't treat Medicaid or uninsured patients because of a perception that low-income patients are more likely to sue, new research shows the opposite is true.

Patients will ask to record instructions

Do you mind if I record your instructions so I can remember them?" If a patient pulls out a tape recorder and asks this of her physician, the answer is likely to be "no," according to Carolyn Oliver, MD, JD, founder of the Oliver Center for Patient Safety and Quality Healthcare in Galveston, TX.

You can't legally share some info on children

Certain exceptions may apply: treatment of STIs, reproductive health, mental health, and substance abuse

Blaming colleague? It may increase legal woes

(Editor's Note: This is the first part of a two-part series on actions physicians should take after being named in a lawsuit. This month, we cover why physicians should avoid placing blame on colleagues. Next month, we'll give recommendations on what information physicians should review.)

Physician Legal Review & Commentary: Neonatal necrotizing enterocolitis case leads to $7.05 million verdict

News: A female infant was transferred to the hospital's neonatal intensive care unit for airway management and prematurity after her birth on June 13, 2004.

Physician Legal Review & Commentary: Failure to diagnose fracture of the cervical spine

News: A 51-year-old man presented to the hospital emergency department (ED) after a vehicular rollover accident with the chief complaint of neck pain.

Physician Risk Management – July 1, 2012

July 1, 2012