Dos and don’ts of preventive law
The business of medicine is subject to many laws and keeping track of all of these is generally beyond the expertise of the ObGyn. Here are a few practical suggestions for thriving in this legal milieu.
Understanding the law
DO establish an ongoing relationship with an attorney you can trust who is knowledgeable in health law. Consult with this attorney not only on an as-needed basis but also for an “annual checkup” of legal issues affecting your practice.
DON’T guess what the law is. Laws vary from state to state and change frequently. Taking curbstone advice or suggestions from a podcast is a good way to develop problems.
Error reduction
DO take risk management seriously. Implement plans to improve patient safety and reduce errors.11
DON’T ignore angry or hostile patients. Their hostility may be directed at you—an undesirable state. The same goes for disgruntled (or former) employees, who may become whistleblowers.
Insurance
DO review your insurance coverage annually, preferably with an expert or your attorney. Insurance policies and your insurance needs change frequently.
DON’T assume you have all the insurance you need or that insurance will cover all legal claims arising from your practice. Intentional torts, some antitrust claims, licensure discipline, and civil fines, for example, may not be covered.
Informed consent and ethics
DO use the informed consent process as a means of improving communication between you and your patients to address their concerns and discuss expectations. Autonomy is a basic ethical value of medicine and informed consent helps to achieve that goal.
DON’T ignore ethics. Ethical obligations are not just essential to maintaining a license, hospital privileges, and professional standing.12 They also help guide you toward good practice that avoids liability.
Related articles:
Informed consent: The more you know, the more you and your patient are protected
Compliance, disputes, and arbitration
DO engage in continuing compliance review. That includes understanding the contracts and professional arrangements in which you practice and all of the requirements of third-party payers (especially government entities). There are a wide range of other compliance obligations that require ongoing attention.
DON’T sign arbitration agreements without understanding exactly what you are agreeing to. There are advantages to arbitration,13 but there are disadvantages, too.14 The courts generally enforce arbitration agreements, even ones that are unfair or one-sided.15
The law need not be a mystery or the enemy. Preventive law, like preventive medicine, can make all the difference.16
Share your thoughts! Send your Letter to the Editor to rbarbieri@frontlinemedcom.com. Please include your name and the city and state in which you practice.