You Have Been Served with a Malpractice Lawsuit or a Regulatory Action Notice - Now What?

Description

Malpractice litigation and government regulatory and licensing oversight are inherent aspects of licensed healthcare professionals. The concern regarding malpractice litigation is well-founded, and regulatory and licensing actions can pose significant challenges. Therefore, clinicians must be prepared and knowledgeable about navigating legal notices and taking appropriate steps to ensure compliance. By participating in this program, they can effectively mitigate the impact of claims, complaints, or regulatory actions and safeguard their practice.

Description of the Professional Practice Gap (PPG)
Physicians and advanced practice clinicians play critical roles in healthcare, and their work is closely intertwined with legal and regulatory considerations. This educational program is designed to equip physicians and advanced practice clinicians with essential knowledge regarding what to do when served with legal malpractice, a licensure board inquisition, or with an oversight agency action. By enhancing an understanding of core principles, the participants will be prepared to navigate the complex legal landscape and uphold professional standards.

Learning Outcome

After participating in this program, learners will know the appropriate steps to take after receiving or being served a legal document, inquiry, notice of intent to sue, a summons, complaint, subpoena for medical records, or a summons for a deposition by scoring 80 percent or better on the post test.

Learning Objectives

After completing this activity, learners will be able to:

• Identify situations when I need to notify The Doctors Company and complete a First Report of a New Incident or Claim.
• Take appropriate steps when I receive a notification of a pending action from a state licensing board, the Food and Drug Administration (FDA), the Drug Enforcement Administration (DEA), or the Office of Civil Rights (OCR).
• Properly secure confidential documents, including patient medical records during the pending litigation, privilege review or regulatory investigation.

Course Developers

Michelle Swift, RN, JD, CPHRM, CPPS, Senior Patient Safety Risk Manager, Department of Patient Safety and Risk Management, The Doctors Company
Susan O'Brien, Claims Specialist, The Doctors Company
Amy Wasdin, RN, MBA, CPHRM, CPHQ, Patient Safety Risk Manager II, Department of Patient Safety and Risk Management, The Doctors Company                                                                                                                                                                                                        Kimberly Hathaway, MSN, RN, CPHRM, CPHQ, Director Patient Safety Healthcare Quality & Risk Management, The Doctors Company
Johanna Lackner, MPH, MSW, Senior Director, Continuing Professional Development, Department of Patient Safety and Risk Management, The Doctors Company

Continuing Education Credit

The Doctors Company is by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical educational activities for physicians.

The Doctors Company designates this activity for a maximum of 0.5 AMA PRA Category 1 Credit^TM. Physicians should claim only the credit commensurate with the extent of their participation in this activity.

No individual in a position to control or influence the content of this activity has reported relevant financial relationships with commercial interests. No commercial support was provided for this activity.

ANCC - Accreditation and Disclosure Statement

The Doctors Company is accredited as a provider of nursing continuing professional development by the American Nurses Credentialing Center's Commission on Accreditation.

The Doctors Company designates this activity for a maximum of 0.5 nursing contact hour. Learners should claim only the credit commensurate with the extent of their participation in the activity.

No individual in a position to control or influence the content of this activity has reported relevant financial relationships with commercial interests. No commercial support was provided for this activity.

Disclaimer

This program is being offered for informational and educational purposes only from a Patient Safety Risk Management perspective and does not constitute legal advice. Laws vary from state to state, actual clinical situations often involve subtle differences and nuances from program scenarios or recommendations, and the recommendations provided in this activity may not apply to all practice situations. In complex circumstances, which present significant potential for an adverse event or litigation, TDC and the faculty recommend you consult directly with your corporate or personal counsel for professional legal guidance. 

Complies with State Requirements

Please SEE the Federation of State Medical Boards overview of Continuing Medical Education requirements by State. 
Please SEE the Registered Nurse and Licensed Practical Nurse CE Requirements by State.

Technical Requirements

The activity is best experienced using the most current browser: Firefox, Chrome, Safari, or Microsoft Edge. Internet Explorer is not supported on this platform. All activities featuring audio must have a speaker. To view graphic images and references that appear in separate "pop-up" windows, JavaScript and session cookies must be enabled on your computer. Adobe Acrobat Reader may be required for certain activities.

Contact Us

If you have questions, contact educationsupport@thedoctors.com or call 800.421.2368.

Resource

Visit our Resource document for this program.