In this episode, host Lesley Lopez-Viner discusses medical malpractice lawsuit defense with attorney Bill Camblee. They explore the evolution of courtroom dynamics, the strategies plaintiff attorneys employ, and the trust jurors place in healthcare providers. Bill shares insights on the rise of nuclear verdicts, the impact of life care plans, and offers risk management advice for healthcare professionals.

This episode pulls back the curtain on risk management at ProAssurance. It discusses the various reasons physicians call the risk management helpline for advice and the type of guidance they can expect. It also directs residents to resources they can access to help lower their risk of facing a medical malpractice lawsuit.

Our featured guest is Mallory Earley, JD, CPHRM, who is the Assistant Vice President of Risk Management at ProAssurance.

This episode continues the discussion of medical malpractice lawsuits, the risk to physicians’ personal assets, and strategies to reduce that risk. It also explores physician employment contracts and highlights common issues that may be found in the legalese.Our featured guest is Marcy Matson, JD, who is a licensed medical malpractice defense attorney and partner at Hall Matson Garver Thomas Law.

This episode focuses on medical malpractice lawsuits and appeals. It covers the average chances of being sued, what happens during a lawsuit, and offers advice for achieving the best legal results. It also touches on the massive jury verdicts we see in the news and what happens when a verdict exceeds your insurance coverage, also known as an excess verdict.Our featured guest is Mike Reynolds, JD, who is a licensed attorney and the Midwest Regional Vice President of Claims at ProAssurance.

This episode explains some of the items underwriters consider when calculating premium for professional liability coverage. It also discusses some of the events that can cause a premium to increase or decrease.

Our featured guest is Erica Presley, who is an experienced underwriter at ProAssurance.

This episode discusses the process of purchasing professional liability insurance and explains the types of information the physician must disclose to ensure proper coverage is in place. It also provides an overview of the types of coverage available and some of the decisions a physician needs to make when selecting a policy and insurance carrier.

Our featured guest is Mike Sadler, MBA, cyRM, who is a licensed insurance agent with Acrisure Healthcare Group, specializing in medical professional liability and cyber liability for physicians and hospitals.

This episode explores when to purchase professional liability insurance, whether additional insurance is needed during residency, the difference between coverage from a hospital employer vs. private practice, and why it is dangerous to be under-insured.

Our featured guest is Paul Dwaihy, JD, who is a licensed medical malpractice defense attorney and partner at Nauts, McKinney, Dwaihy & Beach, PLLC.

In this episode of Rapid Risk Review, host Brad Byrne and risk management professional Joanne Simmons discuss the complexities and risks associated with ketamine therapy. They explore the importance of understanding FDA approvals, provider qualifications, emergency preparedness, patient screening, and thorough documentation. The conversation emphasizes the need for a well-structured clinical team and the critical nature of evaluating patients before administering ketamine therapy, particularly for treatment-resistant conditions.

Takeaways

• Ketamine therapy is growing in popularity but carries significant risks.
• Only esketamine is FDA approved for certain mental health conditions.
• Provider qualifications must match the complexity of ketamine therapy.
• Emergency preparedness is essential for safe ketamine administration.
• Patients should not have access to ketamine outside clinical settings.
• Thorough patient evaluation is crucial before treatment.
• Documentation of informed consent and treatment history is necessary.
• Supervision of multiple sites remotely is not acceptable.
• Ketamine therapy should be a last resort for treatment-resistant cases.
• Clear communication about risks and alternatives is vital.

Keywords

ketamine therapy, healthcare risks, FDA approval, provider qualifications, emergency preparedness, patient screening, treatment documentation, mental health, chronic pain, depression

In this episode, guest Dr. Gita Pensa discusses the significant impact of medical malpractice litigation stress on healthcare providers. She explores the psychological and physical effects of litigation stress, the cultural stigma surrounding it, and the changing public perception of physicians, especially post-pandemic. The conversation highlights the increasing burnout among healthcare providers and emphasizes the need for advocacy and collective action to address these challenges. Dr. Pensa shares her personal experiences and insights on how physicians can navigate the complexities of litigation while maintaining their well-being and advocating for systemic change in healthcare.

Keywords

medical malpractice, litigation stress, physician wellbeing,burnout, patient safety, healthcare advocacy, emotional health, public perception, medical liability, physician support

In this episode, healthcare risk management professionals Bradley Byrne and Jennifer Freeden discuss the pervasive issue of misinformation in healthcare. They explore the unique risks posed to healthcare professionals and patients, the erosion of trust in patient-provider relationships, and practical strategies for addressing misinformation. Thediscussion highlights the importance of clear communication, understanding patient perspectives, and fostering trust to mitigate the impact of misinformation in healthcare settings.

  Keywords

misinformation, disinformation, healthcare, patient trust, risk management, communication strategies, social media, medical misinformation, patient-provider relationship, healthcare practices, misinformation strategies

Takeaways

• Misinformation includes both unintentional and intentional false information.
• The COVID-19 pandemic has exacerbated the spread of misinformation.
• Social media is a primary source of health information for many patients.
• Misinformation can erode the patient-provider relationship.
• Practices need to prepare staff for conversations about misinformation.
• Physicians should approach misinformation academically and without defensiveness.
• Building trust with patients is crucial in addressing misinformation.
• Proactive measures can help mitigate the impact of misinformation.
• Evidence-based resources should be made available to patients.
• Misinformation is likely to remain a significant issue in healthcare.

In this episode of ProAssurance's Rapid Risk Review podcast, host Lesley Lopez Viner discusses key legislative issues impacting healthcare with Clayton Stewart, Chief Lobbyist for the Texas Medical Association, the largest state medical association in the country. They explore federal advocacy issues, pressing challenges in medicine, recent legislative successes in Texas, and the importance of physician involvement in advocacy efforts nationwide. The conversation highlights the importance of effective communication with legislators and the significance of engaging in the political process to protect the interests of both physicians and patients.

Keywords

healthcare legislation, physician advocacy, Medicarepayments, Texas Medical Association, public health, tort reform, prior authorization, women's health, legislative wins, healthcare policy

In this episode of Rapid Risk Review, risk management professionals Michele Crum and Tracy Valentine join host Brad Byrne to discuss the critical concept of safety culture in healthcare. They explore the importance of open communication, leadership engagement, and staff empowerment in fostering a culture of safety. The conversation explores real-world examples, the role of leadership in shaping a safety culture, and practical strategies for implementation. The episode highlights the importance of transparency and accountability, as well as the significance of evaluating the effectiveness of safety culture initiatives.Takeaways

• A culture of safety empowers staff to report concerns.
• Open communication is essential for improving processes.
• Leadership plays a crucial role in shaping safety culture.
• Celebrating near misses can lead to better outcomes.
• Transparency with patients builds trust and safety.
• A strong safety culture enhances staff morale and reduces turnover.
• Training and onboarding should emphasize safety culture expectations.
• Regular feedback from leadership encourages reporting.
• Measuring success includes tracking event reports and outcomes.
• Creating a positive narrative around reporting can improve engagement.

Keywords

safety culture, healthcare, risk management, leadership, patient safety, communication, transparency, accountability, empowerment, healthcare outcomes

In this episode, guests Laura Ekery and Michele Crum join host Lesley Lopez Viner to discuss the critical topic of disclosure following adverse events in healthcare. They explore the definition of disclosure, its importance in maintaining trust between healthcare providers and patients, and the key principles that guide effective communication. The conversation underscores the importance of transparency, the role of apologies, and the necessity of accurate documentation. The panel also addresses common questions that arise in the wake of an adverse outcome and provides resources for healthcare providers to navigate these challenging conversations.

Takeaways

• Disclosure involves conversations about unanticipated outcomes.
• Patients need facts to make informed decisions.
• Open communication builds trust and can prevent lawsuits.
• Apologies should be approached carefully to avoid liability.
• Preparation is key for effective disclosure conversations.
• Documenting the disclosure process is crucial for legal protection.
• Understanding patient emotions is essential during disclosure.
• Disclosure can lead to immediate resolution of issues.
• Healthcare providers should consult legal advice before disclosure.
• Transparency in healthcare is increasingly important.




Keywords

medical liability, risk management, patient safety, disclosure, adverse events, healthcare communication, apology laws, documentation, patient trust, healthcare transparency

In this episode of Rapid Risk Review, host Brad Byrne, along with colleagues Mallory Earley and Kelly Riedl, delve into the complexities of informed refusal in healthcare. They discuss the importance of informed consent, the ethical implications of patient autonomy, and the necessity of thorough documentation when patients refuse care. The conversation emphasizes the need for healthcare professionals to navigate these situations with clarity, compassion, and compliance, ensuring that patients are fully informed of the risks and consequences of their decisions.Takeaways

• Informed refusal is a critical aspect of patient care.
• Patients have the right to refuse treatment if they understand the risks.
• The informed consent process is essential before discussing refusal.
• Documentation of refusal is crucial for legal protection.
• Patient-centered care involves shared decision-making.
• Healthcare professionals must respect patient autonomy.
• Understanding a patient's capacity for decision-making is vital.
• Communication is key when addressing patient refusals.
• Ethical principles guide the handling of refusal cases.
• Refusal of care should not lead to termination of the patient relationship.

Keywords

informed refusal, patient care, medical ethics, risk management, consent process, healthcare decisions, patient autonomy, documentation, shared decision-making, refusal of treatment

In this episode of ProAssurance’s Rapid Risk Review podcast, guests Joanne Simmons, Lanette Williams, and Carrie Ermshar discuss the critical role of setting realistic expectations with residents and their families in senior care communities. They emphasize that clear communication and transparency are essential for reducing risk, building trust, and improving care outcomes. The conversation explores key risk management areas—including falls, skin breakdown, and medication management—while underscoring the importance of ongoing family education and engagement. The episode also offers strategies for repairing relationships after miscommunication and highlights the value of consistent quality control in care practices.

Keywords:

senior care, risk management, communication, expectations, family engagement, falls prevention, medication management, trust building, care outcomes, healthcare risks

Takeaways:

• Setting realistic expectations is crucial for effective risk management.
• Open communication fosters trust and improves care outcomes.
• Clear expectations can significantly reduce the likelihood of claims.
• Initial care plan meetings are key opportunities to build trust.
• Educating families on fall prevention policies is essential.
• Skin breakdown is a sensitive issue that requires careful communication.
• Medication reconciliation is a high-risk area that needs clear protocols.
• Daily communications with families are critical for engagement.
• Authenticity and transparency are vital in addressing concerns.
• Setting expectations leads to better partnerships with families.

This episode of Pro Assurance's Rapid Risk Review Podcast delves into the nuances of curbside consults. Risk management professionals Bradley Byrne and Joanne Simmons discuss the benefits and risks associated with these informal consultations between healthcare professionals. They explore the importance of understanding the limitations of curbside consults, the common risks involved, and how physicians can protect themselves during these interactions. The conversation also highlights the role of healthcare organizations in managing curbside consults.

Takeaways:

• Curbside consults are informal consultations between healthcare professionals.
• They can streamline patient care but come with risks.
• Understanding limitations is crucial for physicians.
• Miscommunication can lead to significant risks.
• Lack of documentation creates legal gray areas.
• Healthcare organizations should establish clear policies.
• Physicians must clarify the intent of consultations.
• Always err on the side of caution in ambiguous situations.
• Document appropriately when in doubt.
• Setting boundaries in communication is essential.

Keywords: curbside consults, healthcare, risk management, informal consultations, patient care, physician communication, medical advice, liability, patient safety, healthcare policies

This episode covers the critical issue of workplace violence in healthcare, emphasizing the importance of training, proactive de-escalation techniques, and understanding patient stressors. Claude Howard Jr. shares insights from his extensive experience in law enforcement and healthcare, highlighting strategies for engaging with patients and collaborating with security and law enforcement to create a safer environment for healthcare workers and patients.

Additional Resources:

https://riskmanagement.proassurance.com/bundles#workplace

Takeaways:

• No healthcare worker should feel that part of their job is to be assaulted.
• Proactive de-escalation training is essential for all staff.
• Understanding patient stressors can help in de-escalation.
• Active listening is key to creating a safer environment.
• Consistent engagement with patients reduces feelings of isolation.
• Involving security early can prevent escalation of situations.
• Collaboration with law enforcement is crucial for safety plans.
• Most incidents of workplace violence do not involve weapons.
• Building rapport with patients can lead to better outcomes.
• Listening to patients helps identify the root of their distress.

Keywords:

workplace violence, healthcare, training, de-escalation, patient engagement, law enforcement, security, mental health, safety, healthcare workers

In this episode, we explore the delicate process of ending the physician-patient relationship with professionalism, empathy, and a focus on minimizing risks. From understanding the legal and ethical considerations to crafting termination letters, we’ll guide you through best practices for ensuring a smooth transition of care. We also tackle unique scenarios, such as handling non-compliant patients or those in need of specialized care, while addressing potential liability pitfalls. Join us for practical advice on concluding these relationships in a way that protects both your practice and your patients’ well-being.

In this episode of the Rapid Risk Review podcast, the Risk Management team from ProAssurance discusses the most common risk management issues faced by healthcare professionals in 2024. They delve into the data collected from their helpline, highlighting key areas such as patient complaints, HIPAA compliance, and the complexities surrounding patient termination. The conversation emphasizes the importance of effective communication, understanding patient rights, and navigating the legal landscape in healthcare.

This episode of the Rapid Risk Review Podcast delves into GLP-1 agonists, a class of medications that have gained popularity for diabetes and weight management. The discussion covers the risks associated with prescribing these medications, including on-label and off-label uses, the role of compounding pharmacies, and the importance of shared decision-making between healthcare providers and patients. Experts highlight the challenges posed by medication shortages and the potential dangers of compounded drugs, emphasizing the need for thorough patient education and careful selection of pharmacies.