Physician Risk Management – April 1, 2014
April 1, 2014
View Issues
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Non-compliant patient refuses treatment or test? How MD can prevent a lawsuit
Successful malpractice suits can result even if a patient refused a treatment or test. -
In employment contracts, beware of agreements for indemnification - Added liability is at stake
Indemnification clauses included in some contracts with employers, hospitals, and payers can complicate malpractice litigation and can result in additional liability for physicians. -
Radiologist dismissed from case due to documentation - Cases often hinge on communication of results
Poor communication between ordering physicians and radiologists can result in malpractice claims alleging failure to notify patients of results. -
Practices' written policies can raise the bar for standard of care - Care must be reasonable, not necessarily 'gold standard'
A physician has complied with the standard of care if he or she chooses any of the reasonably acceptable options in a given situation. -
Claims alleging inappropriate referrals are 'relatively uncommon' - Referring doctors aren't vicariously liable
Referring a patient to a physician in the wrong specialty, or to a doctor who the referring physician knows or should know is impaired, could result in a lawsuit alleging negligent referral. -
Malpractice claims against OB/GYNs often stem from 'one-size-fits-all' approach to labor and delivery
Claims against obstetricians involving routine procedures often involve the provider adopting a "one-size-fits-all" approach to labor and delivery, as opposed to an individual care plan. -
Common allegations in 'routine' claims against OBs
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Bad outcome may result from incomplete patient history - Over-reliance on information is legally risky
Over-reliance on information provided by patients presents legal risks for physicians, as patients might give inaccurate, misleading information for multiple reasons. -
Claims suggest incidental findings are falling through the cracks - Obviousness of findings makes defense difficult
A common allegation in malpractice claims is that a patient has a significant incidental finding on an imaging study, but is never informed of it and does not receive treatment for it on a timely basis.