ASGE Annual GI Advanced Practice Provider Course (On-Demand) - Onboarding (Day One) | March 2023-Medicolegal Aspects of Endoscopic Practice

Pdf Summary

This document discusses the medicolegal aspects of endoscopic practice, focusing on legal terminology, basics of tort law, physician liability for nonphysician providers, and ways to minimize liability risk. It emphasizes the importance of meeting the standard of care and provides examples of specific practices to prevent lawsuits in gastroenterology.<br /><br />The document explains various legal terms, such as claim, deposition, negligence, and standard of care. It highlights the basics of tort law, including negligence, duty of care, duty violation, proximate cause, and damages.<br /><br />Regarding physician liability for nonphysician providers, the document mentions lack of adequate supervision, untimely referral, failure to diagnose, inadequate examination, and negligent representation. It also discusses three legal theories (vicarious liability, negligent supervision, and negligent hiring) used to attribute liability to physicians for errors made by nonphysician providers.<br /><br />To limit liability, the document recommends educational requirements, knowledge of state rules and regulations, proper training, appropriate supervision, regular performance reviews, high standards, and the use of appropriate titles.<br /><br />The document cites a study on claims in gastroenterology, which reveals that procedural malpractice claims are common in this field. It also includes a chart displaying the total number of claims and adjusted claims rate by specialty.<br /><br />Two case studies are provided to illustrate potential liability scenarios. The first case involves a patient who developed severe post-ERCP pancreatitis after insisting on the procedure despite weak indications. The physician was sued and the lawsuit was settled in favor of the plaintiff. The second case involves a delay in diagnosis and inadequate supervision of a nonphysician provider, leading to the patient's death and a settlement in favor of the plaintiff.<br /><br />The document concludes with practice pearls, including the importance of practicing evidence-based medicine, ensuring adequate supervision of nonphysician providers, avoiding delays in tests, and being cautious with email communications. It also includes polling questions related to the topic.

Asset Subtitle

Aaron Shiels, MD, FASGE

Keywords

medicolegal aspects

endoscopic practice

physician liability

nonphysician providers

liability risk

standard of care

lawsuits in gastroenterology

tort law

negligence

educational requirements