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

Video Transcription

Video Summary

In this video, the speaker discusses the medical-legal aspects of endoscopy, with a focus on how it applies to advanced practice providers (APPs). The speaker starts by highlighting some basic legal terminologies such as claim, deposition, and standard of care. They then delve into tort law, specifically negligence, and the four aspects that need to be proven for a successful medical malpractice lawsuit. The video also covers physician liability for non-physician providers, including APPs, and the five areas that can lead to liability: lack of adequate supervision, untimely referral, failure to properly diagnose, inadequate examination, and negligent representation. The speaker explains three legal theories that attribute liability to the physician for errors made by the APP, which are vicarious liability, negligent supervision, and negligent hiring. The video concludes with general rules to minimize liability, including obtaining proper education and training, practicing within state regulations, establishing supervision, regularly reviewing performance, introducing oneself clearly to patients, and setting high standards for performance. The speaker also provides specific practices for gastroenterologists to prevent claims, such as practicing evidence-based medicine, being cautious with open access endoscopy, managing procedural complications appropriately, using email communication responsibly, considering anesthesia support for high-risk patients, and maintaining informed consent. The video concludes with two case studies illustrating potential pitfalls and issues that can lead to malpractice lawsuits.

Asset Subtitle

Aaron Shiels, MD, FASGE

Keywords

endoscopy

medical-legal aspects

advanced practice providers

tort law

physician liability