Risk Management Update for Physicians, Nurse Practitioners and Other Healthcare

Risk Management Update for Physicians, Nurse Practitioners and Other Healthcare

Liability Prevention

This course focuses on the major risk management areas and legal pitfalls encountered in current everyday clinical practice and on enduring principles and strategies for managing these risks. The course teaches risk management principles and current developments in liability prevention. This course occurs in the midst of the COVID-19 Pandemic and the faculty will address the impact and its implications for clinical practice. Current concepts in malpractice prevention and “hot spots” in risk management are emphasized including best ways to diminish risks associated with documentation and informed consent. The course will instruct about the risks arising from the use of the electronic medical record, increased use of email communications, and their implications for practitioners. Particular emphasis will be given to the increasing role of telemedicine in clinical practice and the liability risks associated with its use. Risks associated with “curbside” consultation and supervision of others will be highlighted. Risks other than malpractice, such as State Licensing Boards in Nursing and Medicine will be emphasized and legal responsibilities regarding the new Prescription Monitoring Program will be explained. Strategies for communication when adverse events occur and the merits of a communication, apology and resolution approach will be reviewed. Unique features of this course include vantage points of practicing clinicians, and plaintiff and defense attorneys. The format incorporates time for lecture, panel discussions and Q & A with the faculty.

Court: A Survival Guide

It is increasingly common for a practicing clinician to be deposed or appear in the courtroom in one capacity or another. This often engenders anxiety and uncertainty, especially in the role of the defendant. This course teaches the clinician the tactics and tips to be most successful while giving a deposition or being on the witness stand. Attendees will also learn what to expect when appearing before your licensing board. Benefits of having a personal attorney are explained. Instruction is also provided regarding amount and type of insurance coverage. Clinicians participating in this program learn how to effectively and positively influence the jury. This course also enables the clinician to benefit from suggestions and recommendations offered by plaintiff and defense attorneys regarding how one prevails in preparing for the courtroom and being on the witness stand. An exceptional feature of this course is the mock trial demonstration, during which the faculty will illustrate critical components of survival in the courtroom. The course format incorporates time for lecture, panel discussions and Q & A with the faculty.

Learning Objectives - Liability Prevention

Upon completion of this activity, participants will be able to:

Describe the essentials of risk management in medical, surgical and psychiatric practices; Successfully navigate the new realities of the COVID-19 Pandemic; Understand the expanding role of the nurse practitioner; Document with diminished liability risk; Outline risks of telemedicine, email communications, and electronic medical record; Describe risks related to your licensing board; Discuss liability issues pertaining to the prescription monitoring program; Review strategies for improved communication when things go wrong; Assess risks in supervising trainees, nurse practitioners & physician assistants; Utilize strategic tips about liability protection from both plaintiff’s attorney and defense attorney and practicing clinicians; Understand informed consent as a process rather than a signed form; Distinguish between curbside vs. formal consultation and understand their benefits and risks.

Learning Objectives - Court: A Survival Guide

Upon completion of this activity, participants will be able to:

Develop strategies to reduce the likelihood of appearing in court and how to prevail if sued; Evaluate survival techniques for giving depositions and taking the witness stand; Demonstrate how to testify in court and effectively and positively influence the jury; Understand the role of expert witness testimony; Appreciate the risks of appearing before your licensing board; Understand the role of personal counsel; Distinguish types and correct amounts of insurance coverage; Collaborate effectively with attorneys as treating physicians, expert witnesses, or defendants; Apply new skills to master courtroom challenges, and be more prepared to work with both plaintiff and defense attorneys.

Target Audience

This course is specifically designed for Physicians, Nurse Practitioners, Physician Assistants, Psychologists and Risk Managers and will be of paramount usefulness for them.

Course Directors

Clyde Bergstresser, JD

David Gould, JD

Thomas G. Gutheil, MD

Mark J. Hauser, MD

James T. Hilliard, JD

Lawrence E. Lifson, MD