FPIC provides numerous CME/CE educational courses for physicians, surgeons, and dentists. Presentations are also available to other healthcare professionals, administrators, and non-physician clerical and clinical support staff. Our risk management experts can present to organized medicine groups and societal functions, and programs can be designed for a specific legal topic, medical specialty, or specific regulatory compliance.
In addition to the CME/CE courses provided by FPIC, the
Florida Medical Association also offers CME/CE programs for its members.
For a summary of each presentation and a list of objectives, click on the presentation title below. For additional details, contact the Risk Management Department at (800) 741-3742 ext. 3016, or
rm@fpic.com.
CME/CE Courses
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 available national and state statistics, 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.
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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.
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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 measures designed to reduce the frequency and severity of claims.
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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, 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 measures designed to reduce the frequency and severity of claims.
Back to Top
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 measures designed to reduce the frequency and severity of claims.
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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 measures designed to reduce the frequency and severity of claims.
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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 measures designed to reduce the frequency and severity of claims.
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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 presentation, the participant will be able to:
- Recognize the primary allegations made in dental malpractice claims;
- Identify high-risk exposures encountered in the dental office setting; and
- Describe risk management measures designed to reduce the frequency and severity of claims.
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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 high risk exposures encountered in the practice of medicine; and
- Describe risk management measures designed to reduce the frequency and severity of claims.
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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 malpractice claims.
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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.
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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.
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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.
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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.
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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.
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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 risk management techniques to reduce the frequency and severity of claims.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
Back to Top
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.
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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.
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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.
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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 the frequency and severity of claims.
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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 the frequency and severity of claims.
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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 to reduce the frequency and severity of claims.
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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 major allegations currently made in malpractice claims against thoracic and cardiovascular surgeons;
- Recognize high-risk clinical encounters; and
- Identify risk management techniques to reduce the frequency and severity of claims.
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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.
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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.
Back to Top
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 presentation, 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.
Back to Top
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 presentation, 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.
Back to Top
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 presentation, 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.
Back to Top
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.
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