Litigation

Professional Education
Physician-Patient Relationship: When Does it Begin and When Does it End?
This enduring program will assist the participant in understanding the principles which form the establishment of a physician-patient relationship, as well as the concerns which may result in the need for the physician to consider terminating the physician-patient relationship. Additionally, the concepts of providing patient centered care will be presented for the learner’s consideration.
1.0 credit

May 18, 2020
New York Leads the Way in Providing Liability Protections to Health Care Workers
Peter Kolbert, Senior Vice President and Chief Claims Officer of Healthcare Risk Advisors, a division of The Doctors Company, and Caryn Lilling, Founding Partner of Mauro Lilling Naparty
New York has taken the lead through executive and legislative action to protect its health care workers. These actions should serve as a model for other states to follow.

May 13, 2020
Did Emergency Department Provider Fatigue Contribute to This Patient’s Death?
Lisa McCorkle, MSN, MBA, Senior Patient Safety Risk Manager, Department of Patient Safety and Risk Management
Provider fatigue and the rush to get things done when staffing levels are inadequate can lead to mistakes and poor outcomes for patients.

Professional Education
General Surgery: Miscommunication and Inaccurate Documentation (Claims Corner CME)
Claims Corner CME
Failures of systems often prevent physicians from making timely diagnoses. Failures may result when documentation is inconsistent or not thoroughly read. Other factors that hinder timely diagnosis include inadequate hand-offs or referrals.
Credit 0.5

Professional Education
Neurosurgery: Communications and System Failure Leading to Diagnostic Error (Claims Corner CME)
Claims Corner CME
Failures of systems often prevent physicians from making timely diagnoses. Failures may result when needed equipment isn’t available or when access to a patient is difficult. System failures may result when there is a lack of coordination of appropriate care among providers, or when poor communication among providers leads to missed and delayed diagnoses.
0.5 Credit

Professional Education
Analysis of Medical Oncology Claims (The Doctor's Advocate CME)
The Doctor's Advocate CME
An analysis of The Doctors Company's closed oncology claims reveals drivers related to diagnosis, care management, and medication management. In addition, the analysis identifies related drivers that are often the underlying reasons that patients file claims.
1.0 Credits

Feb 20, 2020
Anesthesiology Closed Claims Study
Darrell Ranum, JD, CPHRM, Vice President, Department of Patient Safety and Risk Management
The Doctors Company studied 640 anesthesia medical malpractice claims that closed from 2007–2012 and 587 claims that closed between 2013–2018. These studies determined whether the number of patient injuries had decreased and to identify any new trends in claims involving anesthesia care.

Video Feb 04, 2020
Interventional Radiology Malpractice Claims Study
The Doctors Company analyzed 54 medical malpractice claims against interventional radiologists that closed from 2013 to 2018. Communication between patient and provider played a role in a quarter of these claims and was most often related to inadequate consent for invasive procedures. There was also a lack of consultation between physicians. The case in this video highlights these key issues.

Video Feb 04, 2020
Diagnostic Radiology Malpractice Claims Study
The Doctors Company analyzed 542 medical malpractice claims against diagnostic radiologists that closed from 2013 to 2018. Diagnosis-related claims were the most common case type, and malignant neoplasm of the breast was the most common missed diagnosis. The case in this video highlights these key issues.

Dec 19, 2019
Coping with Depositions: Tips for Physicians
Susan Shepard, MSN, RN, Senior Director, Patient Safety and Risk Management Education, and Richard Cahill, JD, Vice President and Associate General Counsel
Understanding the doctor’s role during the litigation process is the first step in alleviating the stress of a malpractice allegation.

Professional Education
Internal Medicine: When Personal Relationships Interfere with the Standard of Care (Claims Corner CME)
Claims Corner CME
Physicians and dentists are often faced with the decision whether to treat friends and families without realizing the inherent risks in doing so. A review of one case will highlight some common circumstances and risks associated with the treatment of friends and family members.
0.75 Credit

Professional Education
Spotlight on Anesthesia Claims: Moving the Needle (The Doctor's Advocate CME))
The Doctor's Advocate CME
In this course we will show how comorbidities complicated the delivery of good anesthesia care. And we will share how important a thorough history and physical is to identifying potential problems that occur in the administration of anesthesia care.
1.0 Credit

Dec 11, 2019
Should You Offer Your Services as a Paid Medical Expert?
Susan Shepard, MSN, CPHRM, Senior Director, Patient Safety and Risk Management Education, and Richard Cahill, JD, Vice President and Associate General Counsel
The decision to function as a paid medical expert should not be entered into lightly.

Dec 02, 2019
Diagnostic and Interventional Radiology Closed Claims Study
Darrell Ranum, JD, CPHRM, Vice President, Department of Patient Safety and Risk Management
The Doctors Company analyzed 596 medical malpractice claims against diagnostic and interventional radiologists that closed from 2013 through 2018, identifying the top allegations and factors contributing to patient injury.

Professional Education
Safe and Effective Opioid Prescribing - Georgia Edition
This three-hour learning activity provides instruction on controlled substance prescribing guidelines, recognizing signs of abuse or misuse of controlled substances, and controlled substance prescribing for chronic pain management, as delineated in Georgia Rule 360-15-.01. It also provides tools and resources to assist in educating staff and informing patients.
3.0 Credits

Professional Education
Prescribing Opioids Safely
Faced with an opioid-related epidemic that continues to bring addiction and deaths, it is important to define the role of opioids for both acute and chronic pain management. This activity spotlights the epidemic and presents the Centers for Disease Control and Prevention (CDC) guidelines, regulations, studies, and emerging solutions to address the epidemic and allow for effective and appropriate use of these drugs.
2.5 Credits

Professional Education
Safe and Effective Opioid Prescribing - Michigan Edition
This three-hour learning activity provides instruction on controlled substance prescribing guidelines, recognizing signs of abuse or misuse of controlled substances, and requirements delineated in Michigan’s law. It also provides tools and resources to assist in educating staff and informing patients.
3.0 Credits

Professional Education
Safe and Effective Opioid Prescribing - Florida Edition
Note: this course includes information specific to physicians licensed to practice in Florida. Content is approved by the Florida Board of Medicine.
The Doctors Company recognizes the opioid epidemic in this country. This course provides insights into the risks of opioid usage, as shown by malpractice claims, and how to reduce those risks both for your patient and for your practice. The course presents updated guidance from the Center for Disease Control and Prevention, Health and Human Services, and providers into clinical applications, tips and strategies which help you and your patients manage pain. The course covers alternatives to opioids but also recognizes that opioids have a place in medicine, for example in treating cancer patients. It covers lessons learned about their appropriate and safe use, how to reduce the dosage and duration of opioids to prevent addiction, and the patient education that is essential to ending the epidemic. The information contained in this CME activity applies to dentists.
2.0 credits

Professional Education
HIPAA Fundamentals: 2019-2020 Edition
This program provides details on the HIPAA Privacy, Security, and Breach Notification Rules, such as the type of information that is protected, who must comply with the rules, and how patient information can be used and disclosed. This on-demand program includes many resources useful to staff training.
1.0 credits

Jul 18, 2019
How the Medical Malpractice System Influences Care
Richard E. Anderson, MD, FACP, Chairman and CEO, The Doctors Company
Richard E. Anderson, MD, FACP, The Doctors Company chairman and CEO, discusses how the medical malpractice system often burdens good physicians with years-long lawsuits—and shows how the cost of defensive medicine affects us all.

Professional Education
Psychiatry: Preventing Adverse Outcomes
The Doctors Company study of closed claims reveals areas of higher risk in outpatient psychiatry practices. Using this as a foundation, the course provides information to evaluate your practice and make changes to improve decisions about treatment, operational processes, reporting, and documentation.
1.5 Credits

Nov 28, 2018
Plastic Surgery Closed Claims Study
We analyzed 1,438 malpractice claims against plastic surgeons to understand what motivates patients to pursue claims and gain a broader overview of the system failures and processes that result in patient harm.

Video Sep 27, 2018
Future of Healthcare: Physicians Won't Recommend Their Profession
The Future of Healthcare Survey of over 3,400 doctors shows physicians are disenchanted with practicing medicine, largely because of technologies and payment models they say are interfering with the doctor-patient relationship and their ability to provide quality care. Despite continuing volatility in the industry and resulting dissatisfaction, one of the predominant themes captured in this survey is the concern physicians share for their patients and the quality of the care they receive.

Video Sep 04, 2018
What to Expect from Litigation: Dr. Gupta's Perspective
Adverse outcomes sometimes occur even when physicians follow the standard of care and do all they can for their patients. This video, the third in a series showcasing actual claims experiences, highlights the stress and worry that accompany a medical malpractice lawsuit. Emergency medicine physician Dr. Malkeet Gupta recounts how being sued for medical malpractice affected him.

Video Aug 13, 2018
What to Expect from Litigation: Dr. Del Zotto's Perspective
This video, the second in a series showcasing actual claims experiences and providing physicians with insight about what to expect if they are sued for malpractice, features Dr. Thomas A. Del Zotto. He discusses the claim that was made against him and how the support of his insurer, his attorney, and expert witnesses helped him win his case.

Video Aug 05, 2018
What to Expect from Litigation: Dr. Nye's Perspective
Dr. Elizabeth R. Nye, an obstetrician and gynecologist in Chicago, describes how she defended herself against a medical malpractice lawsuit involving a complicated delivery that led to the death of the infant. Dr. Nye recounts the emotional impact of the lawsuit.

Video Jul 30, 2018
What to Expect from Litigation: Dr. Go's Perspective
This video features cardiologist Darlene M. Go. Dr. Go discusses the malpractice claim that was made against her and how the support of her insurer, her attorney, and expert witnesses helped her win her case.

Video Jul 06, 2018
Surviving the Medical Malpractice Litigation Process
Litigation Education Retreats, for members of The Doctors Company, help doctors facing lawsuits deal with the stress of litigation and become more effective and assured in court.

Jun 22, 2018
Sexual Harassment Allegations in Healthcare: Rising Risks
Richard Cahill, JD, vice president and associate general counsel
Healthcare providers are not immune from the growing number of reported incidents of alleged sexual harassment in the workplace. This article provides tips on how to protect physician practices from sexual harassment lawsuits.

Apr 25, 2018
A Complication Involving Laparoscopic Lysis of Adhesions
David B. Troxel, MD, Medical Director, Board of Governors
A medical malpractice case about laparoscopic lysis of adhesions involved negligent performance of surgery and mismanagement of postoperative care.

Apr 24, 2018
Missed Diagnosis of Spinal Epidural Abscess
David B. Troxel, MD, Medical Director, Board of Governors
This case illustrates the importance of promptly diagnosing and treating spinal epidural abscess.

Video Mar 21, 2018
What to Expect from Litigation: Dr. Wuest's Perspective
Thomas K. Wuest, MD, MMM, an orthopedic trauma surgeon in Eugene, Oregon, describes his experience defending himself against a medical malpractice suit involving a man who fell over 20 feet from a utility pole and sustained multiple injuries.

Mar 09, 2018
Nurse Practitioner Closed Claims Study: Top Risks in the Changing Delivery of Primary Care
Our study of nurse practitioner medical malpractice claims, compared against family medicine and internal medicine claims, identifies the top patient safety risks that may lead to adverse events.

Video Feb 23, 2018
What to Expect from Litigation: Dr. Johnson's Perspective
Dr. Jeffrey D. Johnson, a family physician in Corpus Christi, describes his experience defending himself against a medical malpractice suit involving a young man who committed suicide using prescription medication.

Video Feb 10, 2018
What to Expect from Litigation: Dr. Michelin's Perspective
Dr. David P. Michelin, a gynecologic oncologist in Traverse City, Michigan, relates his experience with a malpractice suit involving a hysterectomy and staging for uterine cancer.

Video Feb 04, 2018
Malpractice Case Studies: What Went Wrong? (Episode 1)
In these cautionary tales, attorneys discuss medical malpractice cases that went awry—and how physicians can protect themselves.

Video Feb 04, 2018
Malpractice Case Studies: What Went Wrong? (Episode 2)
A malpractice attorney clearly explains why proper documentation is essential each time a physician sees a patient. Lack of documentation can lead to a lawsuit—don't make this mistake.

Video Jan 27, 2018
Why Doctors Get Sued: Malpractice Claims Trends (Episode 2)
Why do doctors get sued for malpractice? Defense attorneys share their insight on the leading causes of malpractice claims, and what physicians can do to protect themselves.

Jan 24, 2018
You’ve Been Served: Lawsuit Survival Tips for Physicians
Douglas McCullough, Esq., Assistant Vice President, Claims
Although it’s a reality that the majority of physicians will face a medical malpractice claim in, few are prepared when served with a lawsuit.

Video Jan 12, 2018
Why Doctors Get Sued: Malpractice Claims Trends (Episode 1)
Defense attorneys share the biggest trends in medical malpractice claims: The physician-patient relationship is at risk, more claims are being brought against hospitals and institutions, and physicians are being deposed as fact witnesses in claims against hospitals.

Oct 19, 2017
Overcoming the Stress of Malpractice Litigation: Solutions to Help Physicians Stay Healthy and Engaged
David P. Michelin, MD, MPH
A malpractice lawsuit will generate an array of negative emotions, from self-doubt to high levels of stress and anxiety. But there are steps doctors can take to ease the strain.

Aug 28, 2017
Obstetrical Closed Claims: What Can We Learn?
Robin Diamond, JD, RN, Senior Vice President, Department of Patient Safety and Risk Management, and Susan Shepard, MSN, RN, Senior Director, Patient Safety and Risk Management Education
These lessons learned from our analysis of closed obstetrical claims are part of our CME article series.
From The Doctor’s Advocate

Video Feb 08, 2017
What Doctors Need to Know About Being Sued (Episode 4)
Attorneys share their insight on how doctors can provide successful testimony and avoid inadvertently assisting the plaintiff's attorney.

Video Feb 08, 2017
What Doctors Need to Know About Being Sued (Episode 3)
This video explains why it's vital for physicians facing a medical malpractice claim to become an integral part of the defense team. Claims defense is most effective when the physician and attorney work together as a team—the attorney relies on the physician to be the medical expert, just as the physician should rely on the attorney to be the legal expert.

Video Feb 08, 2017
What Doctors Need to Know About Being Sued (Episode 1)
The vast majority of doctors will face a medical malpractice lawsuit at some point in their career. Legal experts provide tips on how physicians can prepare to be an effective member of their own defense team.

Video Feb 08, 2017
What Doctors Need to Know About Being Sued (Episode 2)
Many physicians find it difficult to cope with the stress of a medical malpractice claim. In this video, attorneys provide tips for remaining focused during the litigation process.

Sep 23, 2016
The Perils of Printing an Electronic Health Record
David B. Troxel, MD, Medical Director, Board of Governors
A design flaw in an electronic health record system led to a malpractice claim against our insured cardiologist.
From The Doctor’s Advocate

Oct 01, 2015
The Defensible Medical Record
Mark Gorney, MD, FACS Governor Emeritus, Richard Cahill, JD, Vice President and Associate General Counsel, and Susan Shepard, MSN, RN, Senior Director, Patient Safety Staff Education
Most errors of medical judgment can be successfully defended with a complete and unaltered medical record.

Jun 09, 2015
A Claim Involving Childhood Vaccination
David B. Troxel, MD, Medical Director, Board of Governors
Dr. David Troxel discusses a tragic event resulting from a failure to track a child’s immunizations.
From The Doctor’s Advocate

Apr 13, 2015
Emergency Medicine: Tips to Help Prevent the Top Cause of Patient Injury
The Doctors Company’s Emergency Medicine Closed Claims Study revealed that the top patient allegation was diagnosis related. These tips can help emergency medicine doctors avoid diagnostic errors.

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