Risk Management Articles
Texting by Healthcare Professionals

Communication amongst individuals has changed drastically over the past few decades. Phone calls tend to be ignored in the modern age. Emails can be buried in an inbox with numerous other messages about product reviews, new movies available on subscription services, or any other service that has obtained your email. The ability to text messages […]

Plan and Prepare for the Patient

Do not wait for the patient to be in the office to understand the reason for the visit. Prior to the patient appointment the chart should be updated regarding the care the patient received from another provider or hospital, and whether there has been a change in medical conditions or medications. Review the past issues, as well as any test, scans or labs that are due. Additionally, remind the patient if you had previously requested they bring a current list of medications, track dietary intake, blood pressures or any other requests.

Liability for the acts of others, the concept of vicarious liability based in the legal theory of Respondeat Superior

Many practices, medical groups, or professional associations may have liability exposure based on the conduct of another in their office or practice due to vicarious liability.  This liability is based upon the legal concept of Respondeat Superior. Respondeat Superior (Latin) translates to “let the master answer,” or “let the superior respond.”  The doctrine of Respondeat […]

Refusal to Consent or Informed Refusal

The doctrine of informed consent is well known to healthcare practices, and most have well established policies and procedures for the physician to obtain informed consent. Informed consent is defined as: a patient’s knowing choice about treatment or a procedure, made after a physician or other healthcare provider discloses whatever information a reasonably prudent provider […]

Corporate Transparency Act – It May Impact Your Healthcare Practice

In 2021, as part of the National Defense Act, Congress enacted the Corporate Transparency Act which imposes new reporting requirements for some businesses as of January 1, 2024.  The purpose of the Corporate Transparency Act was to strengthen the United State’s financial crime monitoring system, by requiring certain entities to disclose and identify information about […]