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

Pdf Summary

This document discusses the medicolegal aspects of endoscopic practice. It begins by explaining legal terminology such as claim, deposition, negligence, and standard of care. It then delves into the basics of tort law, specifically negligence, duty of care, duty violation, proximate cause, and damages.<br /><br />The document also explores physician liability for nonphysician providers, highlighting lack of adequate supervision, untimely referral, failure to diagnose, inadequate examination, and negligent representation as potential areas for liability. It explains three legal theories used to ascribe liability to physicians for errors made by nonphysician providers, which are vicarious liability, negligent supervision, and negligent hiring.<br /><br />General rules to limit liability are provided, including educational requirements, knowledge of state rules and regulations, proper training, appropriate supervision, regular performance reviews, and high standards for performance.<br /><br />The document then focuses on reasons for claims in gastroenterology, presenting data on adjusted claims rates by specialty. It also discusses specific practices to prevent lawsuits in gastroenterology, such as practicing evidence-based medicine, exercising caution with open access endoscopy, managing procedural complications appropriately, using caution with email communications, considering anesthesia support for frail or elderly patients, and carefully documenting informed consent.<br /><br />Two case studies are presented to illustrate potential scenarios that lead to malpractice lawsuits in gastroenterology. Lessons learned from each case study are emphasized, including avoiding risky procedures when indications are weak or absent, using evidence-based medicine, ensuring adequate training and expertise, adequate supervision of nonphysician providers, avoiding delays in performance of tests, and being cautious with email communications.<br /><br />The document concludes with polling questions about limiting liability for nonphysician providers, the most common reasons for claims in gastroenterology, and the most common procedure that generates a claim in gastroenterology.

Asset Subtitle

Aaron Shiels, MD, FASGE

Keywords

medicolegal aspects

endoscopic practice

legal terminology

physician liability

nonphysician providers

limiting liability

claims in gastroenterology

practices to prevent lawsuits

case studies

malpractice lawsuits