A
Statistical Approach to Effective Risk Management
No medical specialty or practice environment
is immune from the spiraling chances of being
sued for malpractice. Actuarial studies indicate
that those chances are currently one in five
if you practice in the state of Florida: more
than twice the national average. Ironically,
these factors, which commonly determine risk
exposure, often have little, if anything, to
do with a physician's competency or level of
care provided. Consequently, if a strategic
approach to loss prevention is to be taken,
determining actual risk exposure is essential.
Drawing on national statistics and the Florida
Department Insurance, professional liability
closed claim data have been compiled, categorized
and analyzed as a means of identifying specific
malpractice risk exposure and the basis upon
which effective risk management must be targeted.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recognize
the primary allegations made in
medical malpractice claims; |
| • |
Identify
high-risk exposures encountered in the
practice of medicine; and |
| • |
Describe
risk management measures designed to reduce
the frequency and severity of claims. |
Claim
Prevention Through Medical Record Documentation
Inadequate or inappropriate documentation
not only fuels non-meritorious claims, but often
necessitates settlement of an otherwise medically
defensible case. A well-documented chart remains
one of the best mechanisms of claim avoidance
and the most important piece of evidence in
a physician's defense. Loss statistics and actual
case studies depicting actual charting deficiencies
serve as the predicate for this presentation.
Current statutes, codes and regulations pertaining
to medical record content, ownership, confidentiality
will be described in order to ensure compliance
and basis of effective claim prevention through
medical record documentation.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recite
applicable requirements set forth by Florida
law and Board of Medicine administrative
Codes; |
| • |
Identify
prevalent documentation deficiencies and
methods of prevention; |
| • |
Recognize
the legal instruments necessary for disclosure
and production; and |
| • |
Describe
risk management measures designed to reduce
the frequency and severity of malpractice
claims. |
Comprehensive
Risk Management for the Medical Administrator
The spiraling increase in the
frequency and severity of malpractice claims
attributed to factors other than medical negligence
necessitates that Medical Office Administrators
and Support Staff implement effective risk management
practices. Common allegations and factors which
prompt most lawsuits are enumerated in the context
of the outpatient setting. A two-pronged approach
acquaints non-physician support staff in clinical
and medical office settings with comprehensive
loss prevention measures necessary to deter
lawsuits before they are pursued and preserve
defenses necessary to defeat the unavoidable
claim. Actual case studies delineate risk management
principles entailing office environment, practices
and procedures, patient relations, communication,
managed care issues and medical record documentation.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recognize
the primary allegations made in
medical malpractice claims; |
| • |
Identify
high-risk exposures encountered in the medical
office setting; and |
| • |
Describe
risk management strategies for reducing
the
frequency and severity of claims. |
Comprehensive
Risk Management for the Medical Office Practice
The spiraling increase in the frequency and severity
of malpractice claims arising from the medical
office setting and attributed to factors other
than medical negligence necessitates physicians
and their staff implement effective risk management
practices. Common allegations and factors, which
prompt most lawsuits are enumerated in the context
of the outpatient setting. A two-pronged approach
acquaints physicians in clinical and medical office
settings with comprehensive loss prevention measures
necessary to deter lawsuits before they are pursued
and preserve defenses necessary to defeat the
unavoidable claim. Risk management principles
entailing office environment, practices and procedures,
patient relations, communications and documentation
are delineated, in the context of current loss
trends and malpractice risk exposure.
At
the conclusion of this presentation, he participant
will be able to:
| • |
Recognize
the primary allegations made in medical
malpractice claims; |
| • |
Identify
high-risk exposures encountered in the medical
office setting; and |
| • |
Describe
risk management strategies for reducing
the
frequency and severity of claims. |
Comprehensive
Risk Management for the Medical Office Staff
The spiraling increase in the frequency and
severity of malpractice claims attributed to
factors other than medical negligence necessitates
that Medical Office Administrators and Support
Staff implement effective risk management practices.
Common allegations and factors which prompt
most lawsuits are enumerated in the context
of the outpatient setting. A two-pronged approach
acquaints non-physician support staff in clinical
and medical office settings with comprehensive
loss prevention measures necessary to deter
lawsuits before they are pursued and preserve
defenses necessary to defeat the unavoidable
claim. Risk management principles entailing
office environment, practices and procedures,
patient relations and communications and documentation
are delineated.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recognize
the primary allegations made in medical
malpractice claims; |
| • |
Identify
high-risk exposures encountered in the medical
office setting; and |
| • |
Describe
risk management strategies for reducing
the frequency and severity of claims. |
Comprehensive
Risk Management for the OB/GYN Medical Administrator
The spiraling increase in the frequency
and severity of malpractice claims attributed
to factors other than medical negligence necessitates
that Medical Office Administrators and Support
Staff implement effective risk management practices.
Common allegations and factors which prompt most
lawsuits in obstetrics and gynecology are enumerated
in the context of the outpatient setting. A two-pronged
approach acquaints non-physician support staff
in clinical and medical office settings with comprehensive
loss prevention measures necessary to deter lawsuits
before they are pursued and preserve defenses
necessary to defeat the unavoidable claim. Actual
case studies delineate risk management principles
entailing specific clinical conditions, office
environment, practices and procedures, patient
relations, communication, managed care issues
and medical record documentation.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recognize
the primary allegations made in OB/GYN
medical malpractice claims; |
| • |
Identify
high-risk exposures encountered in the medical
office setting; and |
| • |
Describe
risk management strategies for reducing
the
frequency and severity of claims. |
Comprehensive
Risk Management for the Pediatric Medical Practice
The spiraling increase in the
frequency and severity of malpractice claims
against pediatricians necessitates that physicians
and their staff implement effective risk management
practices. Common allegations and factors which
prompt most lawsuits are enumerated in the context
of the outpatient setting. A two-pronged approach
acquaints physicians in clinical and medical
office settings with comprehensive loss prevention
measures necessary to deter lawsuits before
they are pursued and preserve defenses necessary
to defeat the unavoidable claim. Risk management
principles entailing office environment, practices
and procedures, patient relations, communications
and documentation are delineated, in conjunction
with current loss trends and malpractice risk
exposure.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recognize
the primary allegations made in pediatric
medical malpractice claims; |
| • |
Identify
high-risk exposures encountered in the medical
office setting; and |
| • |
Describe
risk management strategies for reducing
the
frequency and severity of claims. |
Comprehensive
Risk Management for the Pediatric Medical Practice
The spiraling increase in the frequency and severity
of malpractice claims against pediatricians necessitates
that physicians and their staff implement effective
risk management practices. Common allegations
and factors which prompt most lawsuits are enumerated
in the context of the outpatient setting. A two-pronged
approach acquaints physicians in clinical and
medical office settings with comprehensive loss
prevention measures necessary to deter lawsuits
before they are pursued and preserve defenses
necessary to defeat the unavoidable claim. Risk
management principles entailing office environment,
practices and procedures, patient relations, communications
and documentation are delineated, in conjunction
with current loss trends and malpractice risk
exposure.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recognize
the primary allegations made in pediatric
medical malpractice claims; |
| • |
Identify
high-risk exposures encountered in the medical
office setting; and |
| • |
Describe
risk management strategies for reducing
the
frequency and severity of claims. |
Comprehensive
Risk Management in Dentistry
No practice environment is immune from the spiraling
chances of being sued for malpractice. Recent
studies indicate that the risks of being sued
have escalated and that the severity of dental
claims has increased significantly. Ironically,
the factors that frequently determine risk exposures
often have little to do with competency or the
level of care provided. Taking a strategic approach
to loss prevention by examining common allegations
and identifying specific risk exposures is the
basis of effective risk management.
At
the conclusion of this Risk Management Seminar,
the participant will be able to:
| • |
Recognize
the primary allegations made in dental malpractice
claims; |
| • |
Identify
high-risk exposures encountered in the dental
office; |
| • |
Describe
risk management strategies for reducing
the frequency and severity of claims |
Current
Loss Trends in Malpractice: A Statistical Analysis
A strategic approach to loss prevention begins
with determining actual risk exposure. Actuarial
studies indicate that the chances of being sued
for malpractice are currently one in five if
you practice in the state of Florida: more than
twice the national average. National statistics
and the Florida Department Insurance, professional
liability closed claim data have been compiled,
categorized and analyzed as a means of identifying
current loss trends. Utilizing a statistical
analysis, specific malpractice risk exposure
is examined and serves as the basis upon which
effective risk management is targeted.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recognize
the primary allegations made in
medical malpractice claims; |
| • |
Identify
current loss trends and the high-risk exposures
encountered in the practice of medicine;
and |
| • |
Describe
risk management measures designed to reduce
frequency and severity of claims. |
Effective
Loss Prevention: Distinguishing Formal from Informed
Consent
It is not uncommon to confuse the concept of formal
consent with informed consent. Failing to appreciate
the distinction between these two legal doctrines
unknowingly exposes physicians to increased liability
exposure. Formal consent is best described as
an act, while informed consent is a process and
the basis upon which the majority of malpractice
claims alleging lack of consent are predicated.
Both legal doctrines will be clearly delineated,
as will the differing standards of disclosure.
Requirements set forth by current federal and
state medical consent law will be discussed in
the context of what a physician must tell the
patient regarding proposed medical care and treatment
for purposes of compliance and loss avoidance.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recognize
the legal implications and differentiate
between "formal" and "informed"
consent; |
| • |
Identify
the distinction between express consent,
implied consent, extension of consent and
informed refusal; |
| • |
Recite
the elements necessary to obtain informed
consent; and |
| • |
Describe
risk management measures designed to reduce
the frequency and severity of claims. |
Effective
Loss Prevention: Medical Record Documentation
Although a small percentage of malpractice claims
are meritorious, the majority requires settlement.
Lack of defensibility is often directly attributed
to inadequate or inappropriate medical record
documentation. Lawyers begin the process of
determining whether or not to file suit by reviewing
the medical record. Cases with good documentation,
that explain why a less than sterling result
was achieved and support the medical rationale
involved, are generally not pursued. Specific
statutory provisions, regulations and administrative
codes pertaining to medical record content,
documentation and disclosure will be enumerated
and discussed for purposes of compliance, patient
safety and loss prevention.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recite
applicable requirements set forth by Florida
law and Board of Medicine administrative
Codes; |
| • |
Identify
prevalent documentation deficiencies; |
| • |
Recognize
the legal instruments necessary for disclosure
and production; and |
| • |
Describe
risk management measures designed to reduce
the frequency and severity of malpractice
claims |
Effective
Physician-Patient Communication
Communication is both a science and art. It
is also a significant motivating factor upon
which malpractice claims are pursued and avoided.
Inadequate, inappropriate or ineffective communication
increases the chances of diagnostic error, non-compliance,
poor medical outcome and the likelihood of being
sued. Conversely, effective communication improves
diagnostic accuracy, enhances patient decision-making
and increases the likelihood of adherence to
therapeutic regimens. Essential for physician-patient
rapport, good communication prevents erosion
in the physician-patient relationship, a significant
challenge since the advent of managed care.
By establishing realistic expectations, non-meritorious
claims can be avoided and patient satisfaction
levels raised notwithstanding the constraints
imposed by today's healthcare delivery system.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recognize
common communication errors in the clinical
setting; |
| • |
Identify
techniques necessary to enhance physician-patient
communication; and |
| • |
Describe
risk management strategies designed to reduce
the frequency and severity of malpractice
claims |
Effective
Risk Management: Developing an OIG Compliance
Program
The Office of Inspector General and Department
of Justice are under pressure to uncover fraudulent
practice. Consequently, physician's practices
are being audited with increasing frequency.
Voluntary corporate compliance is recommended
to prevent and detect potentially criminal and
unethical conduct and to reduce the exposure
to penalties and sanctions. This program is
designed to provide a fundamental understanding
of healthcare fraud and to present the components
of a voluntary compliance program.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recognize
the benefits of a compliance program; |
| • |
Describe
the essential components of a compliance
plan; |
| • |
Recite
risk management measures designed to reduce
the frequency and severity of claims entailing
fraud and abuse; and |
| • |
Describe
methods of demonstrating the effectiveness
of your compliance program. |
Effective
Risk Management: Reducing Exposure to Claims
Entailing Stroke
Stroke remains a leading cause of death
and malpractice claims against physicians. Few
medical specialties are immune. The average
indemnity payment for claims related to strokes
is more than 60% higher than the average indemnity
payment for all claims. Often, these malpractice
claims have little to do with the competency
of the physician but rather faulty monitoring
and system failures. Frequently, the physician's
indefensibility is attributed directly to inadequate
management of anticoagulation therapy. This
presentation examines comprehensive loss data
and national statistics pertaining to the treatment
of atrial fibrillation and stroke prevention.
Case studies entailing recent settlements are
examined in conjunction with specific risk management
strategies focusing on actual and alleged diagnostic
and performance errors commonly encountered
in defending claims.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recognize
the liability exposure inherent to managing
atrial fibrillation and stroke prevention; |
| • |
Identify
quality improvement pathways to improve
anticoagulation management regimens; and |
| • |
Describe
risk management techniques to reduce the
frequency and severity of claims. |
Effective
Risk Management: Reducing Exposure to Fraud
and Abuse
The unscrupulous practices of a few have defrauded
billions of dollars from federal healthcare
programs. The Office of Inspector General and
Department of Justice are under increased pressure
to uncover fraudulent practices. Consequently,
physician's practices are being audited with
increasing frequency. Unfortunately, a mere
coding oversight or billing error can result
in civil damages, penalties, and/or criminal
sanctions. Voluntary corporate compliance is
recommended to prevent and detect potentially
criminal and unethical conduct and to reduce
exposure to penalties and sanctions. This program
is designed to provide a fundamental understanding
of healthcare fraud and to present components
of a voluntary compliance program.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Identify
common allegations related to medical fraud; |
| • |
Describe
the essential components of a compliance
plan; |
| • |
Understand
the process entailed in fraud and abuse
investigations; and |
| • |
Recite
measures designed to reduce the frequency
and severity of claims. |
Florida's
Pre-Suit Requirements for Dental Malpractice
No dental specialty or practice environment
is immune from the increasing chances of being
sued for malpractice. However, under current
Florida statutes, a dentist must first be given
notice of the patient's intent to sue before
a civil action may be filed. While these pre-suit
statutes may be viewed as a precursor to litigation,
the process can be used successfully by dentists
to defeat non-meritorious claims before a lawsuit
is filed and significantly increase the chance
of prevailing should litigation ensue. This
presentation will focus on specific malpractice
statutes and the procedural nuances of the pre-suit
process. Dentists will gain an understanding
of how to utilize the pre-suit process to their
advantage and eliminate intimidation by the
legal system.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Describe
the legal requirements set forth by Florida's
pre-suit statute FS 766; |
| • |
Understand
how to participate in the informal discovery
phase of the pre-suit process: and |
| • |
Describe
key measures in preparing for a successful
dental malpractice defense. |
Fraud
and Abuse 101
This presentation is designed to provide
a fundamental understanding of healthcare fraud
and abuse in tandem with the components of a
voluntary compliance program as an effective
loss prevention measure in response to the increased
chance of an audit by the Office of Inspector
General and the Department of Justice. Mere
coding oversight or billing error can result
in civil damages, penalties and/or criminal
sanctions. Voluntary compliance is recommended
to prevent and detect potentially criminal and
unethical conduct and to reduce exposure to
penalties and sanctions.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Identify
common allegations related to medical fraud;| |
| • |
Describe
the essential components of a compliance
plan; |
| • |
Understand
the process entailed in fraud
and abuse investigations; and |
| • |
Recite
measures designed to reduce the frequency
and severity of claims. |
Knowing
What It Takes to Prevail in a Dental Malpractice
Action
Practicing to the standard of care does
not fully insulate a dentist from the increasing
chances of being sued for malpractice. At some
point, every practitioner will encounter a patient
outcome that will become the basis of a lawsuit
regardless of merit. This presentation will
focus on the nuances of Florida's malpractice
tort system from pre-suit to trial. Legal terms
and civil procedures will be defined and demystified.
Effective measures necessary to increase the
odds of prevailing in a professional liability
action will be imparted as will the way in which
dentists must fulfill their new role as a defendant.
Dentists will gain an understanding of what
it takes to utilize the tort system to their
advantage, eliminate intimidation by the legal
system and increase their odds of defeating
non-meritorious claims and suites.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Identify
the procedural steps of Florida's dental
malpractice tort system; |
| • |
Describe
the key elements necessary to prepare for
a successful defense; |
| • |
Understand
how to testify in a deposition; and |
| • |
Recite
measures designed to enhance the defendant's
role during trial. |
Knowing
What It Takes to Prevail in a Medical Malpractice
Action
Practicing to the standard of care does
not fully insulate a Physician from the increasing
chances of being sued for malpractice. At some
point, every practitioner will encounter a patient
outcome that will become the basis of a lawsuit
regardless of merit. This presentation will
focus on the nuances of Florida's malpractice
tort system from pre-suit to trial. Legal terms
and civil procedures will be defined and demystified.
Effective measures necessary to increase the
odds of prevailing in a professional liability
action will be imparted as will the way in which
Physicians must fulfill their new role as a
defendant. Physicians will gain an understanding
of what it takes to utilize the tort system
to their advantage, eliminate intimidation by
the legal system and increase their odds of
defeating non-meritorious claims and suites.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Identify
the procedural steps of Florida's medical
malpractice tort system; |
| • |
Describe
the key elements necessary to prepare
for a successful defense; |
| • |
Understand
how to testify in a deposition; and |
| • |
Recite
measures designed to enhance the
defendant's role during trial. |
Liability
And Claim Trend Analysis: Failure To Diagnose
Breast Cancer
More than half of all medical malpractice claims
arise from failures or delay in diagnosis and
treatment of conditions that patients bring
into the healthcare delivery system, most notably,
malignant neoplasms. Consequently, one of the
most frequent conditions resulting in claims
against physicians continues to entail malignant
neoplasms of the breast. Utilizing data compiled
by the most recent National Breast Cancer Study
conducted by the Physician Insurers Association
of America (PIAA), a liability and claim trend
analysis specifically entailing breast cancer
claims serves as the focal point of this presentation.
Etiologies for diagnostic delay and error will
be discussed in tandem with preventive measures
designed to reduce the frequency and severity
of claims and suits.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recognize
the leading factors attributed to failures
or delay in diagnosis and treatment of breast
cancer; |
| • |
Identify
high-risk exposures commonly encountered
in clinical settings; and |
| • |
Describe
risk management strategies designed to reduce
the frequency and severity of breast cancer
claims. |
Medical
Record Law and Risk Management Guidelines for
the Medical Office Staff
Fundamental to implementing effective risk management
guidelines in a medical practice setting is knowledge
of requirements set forth by statutes and codes
pertaining to patient records. Inadequate or inappropriate
medical record documentation, maintenance and
disclosure not only facilitates malpractice claims,
but often necessitates settlement of non-meritorious
cases. (As well as legal sanctions, fines, penalties,
government audits, allegations of fraud and abuse,
and managed care issues.) Applicable risk management
principles and methods of documentation serve
as a reference for implementing policy and procedure
appropriate for the private practice setting.
Actual case studies depicting medical record charting
deficiencies serve as a predicate for this presentation,
which is specifically designed for the medical
office administrator, manager and non-physician
staff.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recite
applicable requirements set forth by Florida
law and Board of Medicine administrative
Codes; |
| • |
Identify
prevalent documentation deficiencies and
methods of prevention; |
| • |
Recognize
the legal instruments necessary for disclosure
and production; and |
| • |
Describe
risk management measures designed to reduce
the frequency and severity of malpractice
claims |
Prevention
of Medical Errors
Few medical errors are attributed to faulty
medical judgment, but rather system failures
inherent to healthcare delivery. Drawing on
professional liability closed claim data complied
by the Physician Insurers Association of America
(PIAA), common performance and diagnostic errors
entailing wrong site surgery, failure to diagnose
myocardial infarction and medication errors
serves as the focal point of this risk management
presentation. Loss prevention measures are analyzed
in tandem with the elements necessary to conduct
a credible and thorough root cause analysis
in order to reduce system failures, respond
to sentinel events, prevent medical errors and
improve patient safety.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recognize
common performance and diagnostic errors; |
| • |
Describe
the elements of a root cause analysis; and |
| • |
Identify
risk management measures designed
to prevent medical errors. |
Prevention
of Medical Errors Course
Few medical errors are attributed to faulty
medical judgment, but rather system failures
inherent to healthcare delivery. Drawing on
professional liability closed claim data compiled
by the Physician Insurers Association of America
(PIAA), common performance and diagnostic errors
entailing wrong site surgery, medication errors
and the failure to diagnose myocardial infarction
and breast cancer serves as the focal point
of this risk management presentation. Loss prevention
measures are analyzed in tandem with the elements
necessary to conduct a credible and thorough
root cause analysis in order to reduce system
failures, respond to sentinel events, prevent
medical errors and improve patient safety.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recognize
common performance and diagnostic errors; |
| • |
Describe
the elements of a root cause analysis; |
| • |
Identify
risk management measures designed to
prevent medical errors; and |
| • |
Meet
the requirements set forth by FS 456.013(7) |
Recognize
and Reduce your Exposure to Medical Malpractice
Claims
Allegations involving diagnostic error continue
to remain a leading cause of lawsuits against
physicians and among the most difficult of claims
to defend. Yet, it is often factors such as
the type of medical condition or modality of
treatment that determine loss exposure. Ironically,
those factors often have little, if anything
to do with physician competency or level of
care rendered. Consequently, if a strategic
approach to loss prevention is to be taken,
determining actual risk exposure is essential.
Drawing on national statistics and the Florida
Department Insurance, professional liability
closed claim data have been compiled, categorized
and analyzed as a means of identifying specific
malpractice risk exposure and the basis upon
which effective risk management must be targeted.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recognize
the primary allegations made in medical
malpractice claims; |
| • |
Identify
high-risk exposures encountered in the practice
of medicine; and |
| • |
Describe
risk management measures designed to reduce
the frequency and severity of claims. |
Risk
& Liability Issues Associated with Electronic
Dentist-Patient Communication
Although written and verbal communications have
traditionally been the primary method of communicating
healthcare information, the Internet opens new
avenues for providing such information and communicating
with patients. In tandem with the potential
benefits of electronic communications are sobering
legal concerns and emerging, increased liability
exposure to the public through Web site capacity.
This presentation will address the key issues
in developing office policies and procedures
for Internet-based communication entailing patient
privacy, confidentiality of patient information,
security and encryption, informed consent, use
of disclaimers, opportunities for patient education
and the implications of Web site linkage. The
ramifications of marketing and advertising electronically
will be discussed in conjuncture with applicable,
albeit evolving, legal parameters. Risk Management
recommendations and guidelines will be offered
to reduce liability and potential loss exposure.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Identify
applicable, evolving legal parameters; |
| • |
Understand
the risks associated with electronic
healthcare communications; and |
| • |
Describe
specific risk management measures designed
to reduce the frequency and severity of
claims arising from electronic communication. |
Risk
& Liability Issues Associated with Electronic
Physician-Patient Communication
Although written and verbal communications have
traditionally been the primary method of communicating
healthcare information, the Internet opens new
avenues for providing such information and communicating
with patients. In tandem with the potential
benefits of electronic communications are sobering
legal concerns and emerging, increased liability
exposure to the public through Web site capacity.
This presentation will address the key issues
in developing office policies and procedures
for Internet-based communication entailing patient
privacy, confidentiality of patient information,
security and encryption, informed consent, use
of disclaimers, opportunities for patient education
and the implications of Web site linkage. The
ramifications of marketing and advertising electronically
will be discussed in conjuncture with applicable,
albeit evolving, legal parameters. Risk Management
recommendations and guidelines will be offered
to reduce liability and potential loss exposure.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Identify
applicable, evolving legal parameters; |
| • |
Understand
the risks associated with electronic healthcare
communications; and |
| • |
Describe
specific risk management measures designed
to reduce the frequency and severity of
claims arising from electronic communication. |
Specialty
Specific: Loss Prevention in Internal Medicine
As a medical specialty, internal medicine
has traditionally been placed at the lower end
of the spectrum in terms of medical malpractice
exposure. However, recent loss data indicates
that internal medicine is evolving into a higher
risk category. This presentation examines comprehensive
demographic information with respect to malpractice
claims encountered in internal medicine. Professional
liability closed claim data has been compiled,
analyzed and categorized, serving as a benchmark
for loss experience and risk exposure. Case
studies entailing recent settlements are examined
in conjunction with risk management caveats
focusing upon both actual and alleged diagnostic
and performance errors commonly encountered
in defending internal medicine claims.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Describe
major allegations currently made in malpractice
claims against physicians who practice internal
medicine. |
| • |
Recognize
high-risk clinical encounters; and |
| • |
Identify
risk management techniques to reduce the
frequency and severity of claims. |
Specialty
Specific: Loss Prevention in Obstetrics &
Gynecology
As medical specialties, obstetrics and gynecology
have traditionally been placed at the higher
end of the spectrum in terms of medical malpractice
exposure. Recent data continues to indicate
that obstetrics and gynecology remain higher
risk categories. This presentation examines
comprehensive demographic information with respect
to malpractice claims entailing in obstetrics
and gynecology. Professional liability closed
claim data has been compiled, analyzed and categorized,
serving as a benchmark for loss experience and
risk exposure. Case studies entailing recent
settlements are examined in conjunction with
risk management caveats focusing upon both actual
and alleged diagnostic and performance errors
commonly encountered in defending obstetrics
and gynecology claims.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Describe
major allegations currently made in malpractice
claims against physicians who practice obstetrics
and gynecology; |
| • |
Recognize
high-risk clinical encounters; and |
| • |
Identify
risk management techniques to reduce
frequency and severity of claims. |
Specialty
Specific: Loss Prevention in Pathology
As a medical specialty, pathology has traditionally
been placed at the lower end of the spectrum
in terms of medical malpractice exposure. However,
recent data indicates that pathology is evolving
into higher risk category. This presentation
examines comprehensive demographic information
with respect to malpractice claims encountered
in pathology. Professional liability closed
claim data has been compiled, analyzed and categorized,
serving as a benchmark for loss experience and
risk exposure. Case studies entailing recent
settlements are examined in conjunction with
risk management caveats focusing upon both actual
and alleged diagnostic and performance errors
commonly encountered in defending pathology
claims.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Describe
major allegations currently made in malpractice
claims against pathologists. |
| • |
Recognize
high-risk clinical encounters; and |
| • |
Identify
risk management techniques to reduce frequency
and severity of claims. |
Specialty
Specific: Loss Prevention in Radiology
As a medical specialty, radiology continues
to remain at the higher-end of the spectrum
in terms of medical malpractice exposure. Recent
loss data confirms that both the frequency and
severity factor of radiology claims have increased
significantly in the last decade. This presentation
examines comprehensive demographic information
with respect to malpractice claims encountered
in radiology. Professional liability closed
claim data has been compiled, analyzed and categorized,
serving as a benchmark for loss experience and
risk exposure. Case studies entailing recent
settlements are examined in conjunction with
risk management caveats focusing upon both actual
and alleged diagnostic and performance errors
commonly encountered in defending radiology
claims.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Describe
major allegations currently made in malpractice
claims against physicians who practice radiology;
|
| • |
Recognize
high-risk clinical encounters; and |
| • |
Identify
risk management techniques designed to reduce
the frequency and severity of claims. |
Specialty
Specific: Loss Prevention in Thoracic and Cardiovascular
Surgery
As a medical specialty, thoracic and cardiovascular
surgery has traditionally been placed at the
higher end of the spectrum in terms of medical
malpractice exposure. Recent loss data indicates
that while thoracic and cardiovascular surgery
continues to remain in a higher risk category
relative to frequency of claims, severity has
decreased. Moreover, a significant percentage
of malpractice claims have little to do with
the competency or skill of the surgeon. This
presentation examines comprehensive demographic
information with respect to malpractice claims
encountered in thoracic and cardiovascular surgery.
Professional liability closed claim data has
been compiled, analyzed and categorized, serving
as a benchmark for loss experience and risk
exposure. Case studies entailing recent settlements
are examined in conjunction with risk management
caveats focusing upon both actual and alleged
diagnostic and performance errors commonly encountered
in defending claims against thoracic and cardiovascular
surgeons.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Describe
the major allegations currently made in
malpractice claims against thoracic and
cardiovascular surgeons; |
| • |
Recognize
high-risk clinical encounters; and |
| • |
Identify
risk management techniques to reduce frequency
and severity of claims. |
The
Impact of Ketchup vs. Howard upon Formal vs.
Informed Consent"
The Georgia Court of Appeals ruling in Ketchup
vs. Howard greatly expands Georgia's informed
consent requirements. It is not uncommon to
confuse the concept of formal consent with informed
consent. Failing to appreciate the distinction
between these two legal doctrines unknowingly
exposes physicians to increased liability exposure.
Formal consent is best described as an act,
while informed consent is a process and the
basis upon which the majority of malpractice
claims alleging lack of consent are predicted.
Both legal doctrines will be clearly delineated
in conjunction with the disclosure requirements
in the state of Georgia set forth by Ketchup,
as will the differing standards of disclosure.
Requirements set forth by current federal and
state medical consent law will be discussed
in the context of the new law and what a physician
must tell the patient regarding proposed medical
care and treatment for purposes of compliance
and loss avoidance.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recognize
the legal implications and differentiate
between "formal" and "informed"
consent; |
| • |
Recite
the statutory requirements set forth by
Ketchup vs. Howard; |
| • |
Identify
the distinction between express consent,
implied consent, extension of consent and
informed refusal; and |
| • |
Describe
risk management measures designed to reduce
the frequency and severity of claims. |
The
Perfect Storm: Practicing Medicine in the State
of Florida
Currently, the odds of being sued for malpractice
are 1:12. For those who practice in the state
of Florida, those odds are 1:5. The nuances
of Florida's present tort system, in combination
with the influence managed care continues to
have on an already litigious society, are precipitating
factors for what could be described as the "perfect
storm". Consequently, if a strategic approach
to loss prevention is to be taken, determining
actual risk exposure is essential. Drawing on
national statistics and the Florida Department
Insurance, professional liability closed claim
data have been compiled, categorized and analyzed
as a means of identifying specific malpractice
risk exposure and the basis upon which effective
risk management must be targeted.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Recognize
the primary allegations made in
medical malpractice claims; |
| • |
Identify
high-risk exposures encountered in the
practice of medicine; and |
| • |
Describe
risk management measures designed to
reduce the frequency and severity of claims. |
Understanding
Dental Malpractice Litigation
Practicing the standard of care does not fully
insulate a dentist from the increasing chances
of being sued for malpractice. At some point,
every practitioner will encounter a patient
outcome that will become the basis of a lawsuit.
This presentation will focus on the nuances
of the malpractice tort system from pre-suit
to trial. Legal terms and civil procedures will
be defined and demystified. Measures to increase
the odds of prevailing in a professional liability
action will be imparted as will the way in which
dentists must fulfill their new role as a defendant.
Dentists will gain an understanding of how to
utilize the tort system to their advantage,
eliminate intimidation by the legal system and
increase their odds of defeating non-meritorious
claims and suits.
At
the conclusion of this risk management seminar,
the participant will be able to:
| • |
Identify
the procedural steps in the dental malpractice
tort system; |
| • |
Describe the key elements necessary to prepare
for a successful defense; |
| • |
Understand
how to testify in a deposition; and |
| • |
Recite
measures designed to enhance the
defendant's role during trial. |
Understanding
the Defendant's Role in Dental Malpractice
Practicing the standard of care does not fully
insulate a dentist from the increasing chances
of being sued for malpractice. At some point,
every practitioner will encounter a patient
outcome that will become the basis of a lawsuit.
This presentation will focus on the nuances
of the malpractice tort system from pre-suit
to trial. Legal terms and civil procedures will
be defined and demystified. Measures to increase
the odds of prevailing in a professional liability
action will be imparted as will the way in which
dentists must fulfill their new role as a defendant.
Dentists will gain an understanding of how to
utilize the tort system to their advantage,
eliminate intimidation by the legal system and
increase their odds of defeating non-meritorious
claims and suits.
At
the conclusion of this risk management seminar,
the participant will be able to:
| • |
Identify
the procedural steps in the dental malpractice
tort system; |
| • |
Describe
the key elements necessary to prepare for
a successful defense; |
| • |
Understand
how to testify in a deposition; and |
| • |
Recite
measures designed to enhance the defendant's
role during trial. |
Understanding
the Defendant's Role in Medical Malpractice
Practicing the standard of care does not fully
insulate a physician from the increasing chances
of being sued for malpractice. At some point,
every practitioner will encounter a patient
outcome that will become the basis of a lawsuit.
This presentation will focus on the nuances
of the malpractice tort system from pre-suit
to trial. Legal terms and civil procedures will
be defined and demystified. Measures to increase
the odds of prevailing in a professional liability
action will be imparted as will the way in which
doctors must fulfill their new role as a defendant.
Physicians will gain an understanding of how
to utilize the tort system to their advantage,
eliminate intimidation by the legal system and
increase their odds of defeating non-meritorious
claims and suits.
At
the conclusion of this risk management seminar,
the participant will be able to:
| • |
Identify
the procedural steps in the medical malpractice
tort system; |
| • |
Describe
the key elements necessary to prepare
for a successful defense; |
| • |
Understand
how to testify in a deposition; and |
| • |
Recite
measures designed to enhance the defendant's
role during trial. |
Using
Florida's Pre-Suit Statutes to Your Advantage
Under current Florida statutes, a physician
must first be given notice of the patient's
intent to sue before a civil action may be filed.
While these pre-suit statutes may be viewed
as a precursor to litigation, the process can
be used successfully to defeat non-meritorious
claims before a lawsuit is filed and significantly
increase the chance of prevailing should litigation
ensue. However, compliance with the "informal
discovery" provisions of pre-suit as a
means to preserve affirmative defenses and support
denial of allegations is essential. This presentation
will focus on Florida Statute 766 and the procedural
nuances of the pre-suit process. Physicians
will gain an understanding of how to utilize
the pre-suit process to their advantage and
eliminate intimidation by the legal system.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Describe
the legal requirements set forth by Florida's
pre-suit statute FS 766; |
| • |
Understand
how to participate in the informal discovery
phase of the pre-suit process; and |
| • |
Recite
key measures necessary to reject claims
prior to litigation and prepare a malpractice
defense. |
HIPAA
CME/Risk Management Programs
Federal requirements set forth by the Health Insurance
Portability and Accountability Act (HIPAA) effect
virtually all levels of healthcare delivery. This
presentation is designed to distinguish the myths
of the HIPAA privacy rule from less burdensome
reality. While modest, albeit mandatory, modifications
to ensure compliance must be made; the fact of
the matter is that most applicable federal privacy
regulations are preempted by current Florida statutes.
This presentation takes a practical, risk management
approach towards HIPAA compliance. Florida physicians
will gain an understanding of HIPAA nomenclature
and privacy provisions. The elements necessary
to develop and maintain a simplified, but effective
compliance plan will be described.
At
the conclusion of this presentation, the participant
will be able to:
| • |
Identify
entities and types of information covered
by HIPAA’s Privacy Rule; |
| • |
Recognize
those federal requirements that are preempted
by Florida statute; and |
| • |
Describe
the modifications necessary to establish
and maintain a HIPAA compliance plan. |
Additional
CME
• Florida
Medical Association
• Online
CME programs
• Prevention
of Medical Errors
