ASGE Annual GI Advanced Practice Provider Course (Virtual) - Onboarding Day One | April 2022-14_Medicolegal Aspects of Endoscopic Practice

14_Medicolegal Aspects of Endoscopic Practice - Shiels

Pdf Summary

This document discusses the medicolegal aspects of endoscopic practice, focusing on topics such as legal terminology, basics of tort law, physician liability for nonphysician providers (including APPs), minimizing liability risk in practice, medical malpractice in gastroenterology, and provides specific examples. The document also includes polling questions to engage the audience.<br /><br />Key points covered in the document include:<br /><br />1. Legal terminology: Definitions of terms such as claim, deposition, negligence, and standard of care are provided.<br /><br />2. Basics of tort law: A diagram illustrating the elements of negligence (duty of care, duty violated, proximate cause, and damages) is shared.<br /><br />3. Physician liability for nonphysician providers: Risks and potential liabilities associated with lack of adequate supervision, untimely referral, failure to diagnose, inadequate examination, and negligent representation are discussed.<br /><br />4. Legal theories: Three legal theories used to attribute liability to physicians for errors made by nonphysician providers are explained - vicarious liability, negligent supervision, and negligent hiring.<br /><br />5. General rules to limit liability: Suggestions are provided to help limit liability, including educational requirements for positions, staying informed of state rules and regulations, obtaining proper training, appropriate supervision, regularly reviewing performance, and setting high standards.<br /><br />6. Reasons for claims in gastroenterology: The most common claim in gastroenterology is discussed, with procedural complications being the leading cause, followed by failure/delay in diagnosis, failure to supervise or monitor nonphysician providers, and errors in diagnosis.<br /><br />7. Practices to prevent lawsuits in GI: Specific practices to prevent lawsuits in gastroenterology are shared, including practicing evidence-based medicine, exercising caution with open access endoscopy, managing procedural complications appropriately, using caution with email communications, and carefully documenting informed consent.<br /><br />8. Case studies: Two case studies are shared to highlight lessons learned from medical malpractice cases. The importance of avoiding risky procedures with weak or absent indications, using evidence-based medicine, ensuring adequate training/expertise, and adequate supervision of nonphysician providers are emphasized.<br /><br />Overall, the document provides valuable information on the legal aspects of endoscopic practice and offers insights into minimizing liability risks in gastroenterology.

Keywords

medicolegal aspects

endoscopic practice

legal terminology

tort law

physician liability

nonphysician providers

liability risk

medical malpractice

gastroenterology

specific examples