Having a professional liability claim is like a statistical equation in which certain factors affect the outcome. You are an important part of that equation in so many ways.
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Swinging pendulum of peer review immunity
A physician subjected to peer review may have little chance of surviving unless early and aggressive measures are taken, facilitated by an understanding the case law and limitations on judicial remedies
Read More »Giving expert opinion in court
Physicians who make the best expert witnesses are those who do so occasionally, have unique expertise and get involved because they realize the true importance of the task. Here are guidelines on what to expect.
Read More »Where have all the doctors gone?
If third party payers are unwilling to work with physicians, argues C. Richard Schott, M.D., they will have to deal with, and be responsible for, the resultant deterioration in quality and the disruption of access to care that surely will result, not from physician initiated job actions, but from existing market forces, resulting in the inability of a decreasing number of the physicians remaining in this region to meet the medical needs of their subscribers.
Read More »HMO liability set back by Supreme Court ruling
An HMO and its physicians cannot be sued in federal court for breaching their fiduciary duties to patients when they implement a managed care program in which the physicians receive financial incentives to contain costs.
Read More »Liability for electronic medical communications
The emergence of e-mail communication in the delivery of patient care, although offering significant benefits, presents new legal and ethical challenges to physicians. If physicians are going to integrate electronic messaging systems into their practices, they need to be aware of the unique issues pertaining to such systems, inform patients of the relevant confidentiality, security and privacy issues presented by electronic medical communications and adopt appropriate policies, procedures and safeguards to meet the obligations associated with the use of such technology.
Read More »New peer review confidentiality issues
Physicians in Pennsylvania now have the means to access documentation or recordings of their peer review proceedings, which should make it easier to substantiate allegations of bad faith and improper motive of the peer review committee members and to overcome the presumption of immunity.
Read More »Minimize your risk of being decredentialed
How physicians can avoid adverse credentialing decisions and what they can do if one is received.
Read More »Protecting yourself from wealth predators
Liability insurance and incorporation can help, but they don’t provide maximum protection of your personal wealth.
Read More »Liability for failing to follow advance directives
Physicians and health care institutions that fail to adhere to their patients’ advance directives can be sued under various theories, including negligence and battery.
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