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Courses in Legal Risk Management
 The
Legal Advisor Risk Management series includes select articles from the
Massachusetts Medical Law Report publication followed by
The Physician’s Corner. Additional courses are
based on the information contained in The Legal Advisor
publication which is issued quarterly by the Massachusetts Medical
Society and Adler, Cohen, Harvey, Wakeman & Guekguezian, LLP.
Topics focus on reducing your risk of litigation in areas such as
mandated reporting, communication, apology, patient handoffs, emailing
patients and more.
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"Minute Clinics" Raise Round-the-Clock Risks |
| In-store limited service clinics could open a host of liability issues. The clinics are regulated by the state Department of Public Health, which has defined appropriate conditions that outline how patients may be treated. They are staffed by nurse practitioners who are supervised by off-site physicians. The relationships between them are delineated by The Board of Registration in Nursing. Nurses may also attempt to contact a patient’s primary physician. Does this arrangement have the potential to raise medicolegal issues? It most certainly seems that the answer is yes. Learn More... |
Apology |
| In many states, laws have been enacted to protect physicians who apologize to varying degrees and the topic has been the subject of recent books and articles in national medical journals. This online course describes the key components of a successful apology program and explains the impact on the physician and patient when apology is not used. Learn More... |
Dealing with Difficult Patients |
| Issues dealing with noncompliant patients are one of the prevalent sources of successful malpractice suits and disciplinary actions before the state MA Board of Registration in Medicine. This online course helps identify with issues dealing with non-compliant patients and list the steps necessary to terminate a physician patient relationship. Learn More... |
Dealing with the Changing Dynamic of the Medical Staff |
| The current hospital medical staff has changed dramatically. Large numbers of physicians are now either employed by hospitals or have contractual relationships although still independent practitioners. This CME activity explores the changing medical staff environment and suggests strategies physicians can implement to be a strong advocate for themselves and their peers for the ultimate benefit and welfare of their patients. Learn More... |
Doctors Worry about New Liability for Prescriptions |
| A recent court decision held that a physician may be liable if a patient who is taking medication they prescribed injures a third party. This CME activity examines liability concerns that physicians need to be aware of to protect themselves from the threat of a potential suit. Risk management strategies are described that providers can review and incorporate in their practice. Learn More... |
Electronic Health Records Surge Despite Barriers |
| Although Massachusetts is considered a leader in it's efforts to adopt electronic medical records it is estimated that only 10% of the private medical practices are using EHRs to date. With the federal American Recovery and Reinvestment passed on February 17, 2009, approximately $20 billion will be allocated for health information technology across the country. Providers can begin to take advantage of incentive beginning in 2011. This CME activity presents a balanced view of the benefits and barriers providers face and provides additional resources to inform their decision to implement an EHR in their practice. Learn More... |
Emailing Patients Without Worrying About Liability |
| Effective communication between patients and doctors has always been the hallmark of mutually beneficial doctor-patient. The safe and timely use of email may enhance the physician-patient communication and enhance documentation which could be used as a risk prevention strategy. This activity also addresses the need for knowledge and skills in the use of technology tools, such as email, in the office practice. Learn More... |
Health Care Providers Brace for Medicare Audits |
| This CME activity presents an overview of the Recovery Audit Contractor program (RAC) and important areas of potential review by Medicare. The program began in 2005 in NY, FL and CA, and expanded in 2007 to SC, AZ and MA. By 2009, it encompassed 44 states and the District of Columbia with the remainder of the country on board in 2010. Providers need to understand the RAC program, high-risk areas and how to apply their knowledge to prepare their practice for an potential audit. Learn More... |
Health Providers Facing Stiff HIPAA Regulations |
| The changes to the Health Insurance Portability and Accountability Act (HIPAA) were passed under the HITECH (Health Information Technology for Economic and Clinical Health) Act as part of the economic stimulus legislation earlier in 2009. New fines, which can reach $1.5 million, were clarified in an interim final rule from the Office of Civil Rights that took effect Nov. 30, 2009. One of the major changes is that employees of health care providers can be held personally (and criminally) liable for violations. Health care providers need to be aware of the changes in the law and what actions they need to take in their practice to mitigate risk. Learn More... |
Legal Advisor: Advance Directives |
| End-of-life preparations and decisions are a difficult topic for family and health care providers. Advance directives can minimize conflict between the family and the health care providers should the patient be unable to express their wishes. This can improve the physician-patient relationship and care of the patient. Different rules and laws apply to specific situations. This CME activity gives providers information and case scenarios he or she may encounter in the daily practice of medicine. Learn More... |
Legal Advisor: Boundary Violations and Frequent Issues |
| Boundary violations are defined as the borders and limits of appropriate behavior between health care provider and patient. The most publicized cases include issues of sexual misconduct or inappropriate economic (business) relationships. There are many, more subtle, areas of potential boundary violations which are less publicized and commonly known. This CME activity describes each situation and potential areas of risk which physicians may not be aware of and closing the knowledge gap. Learn More... |
Legal Advisor: Defining What to Include in a Patient Chart - Treating Minors Without Parental Consent |
| There are specific laws and regulations that stipulate when a physician can treat a minor patient without the parent or legal guardian’s consent. Using case study examples, this CME activity examines the circumstances under which a minor patient can be treated without parental or legal guardian consent and what information should be included in the patient's chart to protect themselves in the case of a parent complaint or suit. Learn More... |
Legal Advisor: Hearing Impaired |
| The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities by places of public accommodation. The following online course provides a brief summary of disability law as it applies to hearing impaired patients and the physicians who care for them. Physicians will be able to improve their understanding of components of the ADA as applied to the provision of health care. Learn More... |
Legal Advisor: Limited English |
| Title VI of the Civil Rights Act of 1964 provides that no person shall be discriminated against on the ground of race, color, or national origin, and thus prohibits discrimination based on English proficiency. This online course provides a brief summary of anti-discrimination law as it applies to patients with limited English proficiency and the physicians who care for them. Learn More... |
Legal Advisor: Mandated Reporting |
| Physicians must make a report whenever they have reasonable cause to believe that physical, sexual or any other types of abuse is occurring or has occurred. This online course describes the definition of "mandated reporters" and the impact on your duty as a physician. Learn More... |
Legal Advisor: Reporting Patients to the RMV |
| What is the responsibility of the physician to their patient and the public? Can they discuss their elder patient with their family? Are they liable if their patient injures a third party? How can physicians reduce their risk of potential liability without breaching patient confidentiality? All of these questions and more are discussed in the online CME case-based activity, Legal Advisor: Reporting Patients to the Registry of Motor Vehicles Learn More... |
New E-prescribing Regulations |
| As part of the federal government’s ongoing push to make health care go paperless, the Centers for Medicare & Medicaid Services (CMS) recently adopted final standards for electronic prescribing under Part D, Medicare’s prescription drug benefit. This online course discusses the benefits as well as the information technology and medicolegal challenges associated with implementing an e-prescribing program. Learn More... |
Office Compliance 101 |
| Physicians must comply with federal and state regulations in the midst of taking care of their patients. Keeping their office in compliance can be an overwhelming task. This course is a guide for physicians and office staff to assist them in maintaining compliance with constantly changing state and federal regulations. Learn More... |
Physician Practices Scramble to Comply with New Privacy Reg |
| Physicians in small practices are struggling to comply with the new Massachusetts privacy regulation, 201 CMR 17.0, which went into effect on March 1, 2010. The scope of this regulation encompasses both paper and electronic information. This CME activity reviews the risks associated with non-compliance and provides tips for physicians that they can implement in their practice such as a comprehensive written information security program (WISP). Learn More... |
Reducing Error in Patient Handoffs |
| Handoffs of patients from one hospital unit to another are rife with serious medical errors – and hospitals in Massachusetts and beyond are developing new strategies to avoid the med-mal claims and litigation that can result. This online course describes the relationship between problems in communicating handoffs and medical errors and examine the objectives the National Patient Safety goals for hospital and ambulatory care. Learn More... |
Social Networking 101 for Physicians |
| Social media spans multi-generations and has expanded from personal usage to professional practice. Since this is new territory for many physicians, it's important to know the potential liability risks when interacting via social networks and the Internet. This CME activity explores the potential "pitfalls" and suggests best practice strategies that may reduce a physician's risk. Learn More... |
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