Legal Concepts and Best Practices in Obstetrics: The Nuts and Bolts Guide to Mitigating Risk

 

Description:

Obstetrics and the Law: A Medical Legal Casebook provides valuable information on the medical legal aspects of obstetrics, offering an important learning opportunity for obstetricians and trainees, as well as midwives, nurses, attorneys, and hospital administrators. Written by Dr. Steven Warsof, a seasoned maternal-fetal medicine specialist with extensive experience in the legal aspects of obstetrics, this unique resource not only familiarizes readers with today’s medical legal process, but also presents case studies on common medical legal issues with commentary on how outcomes might have been improved.

 

 

Table of Contents:

 

PART 1   UNDERSTANDING THE LEGAL SYSTEM AND AVOIDING RISK

1  Introduction

SCOPE OF THE MALPRACTICE ISSUE

ANATOMY OF A LAWSUIT

Notice

Time Limitations

Phases of Litigation

Options for Litigation

Damages

Apportioning Damages

THE MEDICAL LEGAL PROCESS

Patients

Physicians

Hospitals

Medical Products Industry

Attorneys

Insurance Carriers

State Boards of Medicine

SOCIETAL COSTS OF MEDICAL MALPRACTICE

SUMMARY

References

2  What Is Malpractice?

INTRODUCTION

FACTORS INFLUENCING MALPRACTICE CLAIMS

CRIMINAL VERSUS CIVIL CLAIMS

THREE ELEMENTS TO A MEDICAL CLAIM

Duty and the Doctor-Patient Relationship

Defining the Requirements of the Duty

Interpretations of the Standard of Care

EXPERTS

BREACH

CAUSATION

SUMMARY

References

3  Who Are the Players?

THE PLAINTIFF’S SIDE

Who Can Be a Plaintiff?

Why Would a Patient Be a Plaintiff Against Her Doctor?

Is the Plaintiff’s Claim Legitimate?

Why Would a Plaintiff Lawyer Sue a Doctor?

Members of the Plaintiff’s Team

The Plaintiff Lawyer

Nurse Paralegals

Medical Experts

The Plaintiff’s Expert Witnesses

The Plaintiff’s Lay Witnesses

THE DEFENDANT’S SIDE

Who Can Be a Defendant?

The Obstetrician

The Certified Nurse Midwife/Family Practitioner

The Resident Obstetrician

The Hospital/Professional Corporation

Other Providers

Members of the Defense Team

The Defense’s Expert Witnesses

The Defense’s Lay Witnesses

The Insurance Carrier

Personal Counsel

When Doctors and Their Defense Team Do Not Agree

SUMMARY

References

4  Minimizing Your Medical Legal Risk

TAKE YOUR TIME AND LISTEN TO YOUR PATIENTS

BE CONSISTENT AND METHODICAL

DOCUMENT THOROUGHLY AND ACCURATELY

KNOW THE SCOPE OF YOUR PRACTICE

Your Colleagues Are Your Friends

Follow up

Manage Patients’ Expectations

Train Your Office Staff

Follow up With Noncompliant Patients

Maintain Updated Equipment

Invest in Yourself

Know When to Retire

SUMMARY

PART 2   AREAS OF MEDICAL LEGAL RISKS IN OBSTETRICS

5  Complications Involving Obstetrical Ultrasound

INTRODUCTION

FIRST TRIMESTER

COMMENT

COMMENT

COMMENT

SECOND AND THIRD TRIMESTERS

COMMENT

COMMENT

COMMENT

SUMMARY

6  Management of Preeclampsia and Hypertensive Diseases of Pregnancy

INTRODUCTION

CASES

COMMENT

COMMENT

COMMENT

7  Complications Involving Fetal Monitoring

CASES

COMMENT

COMMENT

COMMENT

COMMENT

COMMENT

8  Complications Involving Shoulder Dystocia

INTRODUCTION

CASES

COMMENT

COMMENT

COMMENT

9  Complications Involving Postpartum Hemorrhage

INTRODUCTION

Treatment

CASES

COMMENT

10  Placenta Accreta—The Morbidly Adherent Placenta

INTRODUCTION

CASES

COMMENT

References

11  Management of Disseminated Intravascular Coagulation

INTRODUCTION

CASES

COMMENT

COMMENT

12  Complications Involving Recurrent Preterm Labor and Premature Rupture of Membranes

PRETERM LABOR

CASES

MANAGEMENT OF PREMATURE RUPTURE OF MEMBRANES

COMMENTS

13  Multiple Gestation

INTRODUCTION

CASES

COMMENT

COMMENTS ON THE MANAGEMENT OF MULTIPLE GESTATION

14  Complications Involving Trial of Labor After Cesarean Delivery

INTRODUCTION

CASES

COMMENTS

15  Delays on the Labor and Delivery Unit

INTRODUCTION

CASES

COMMENT

COMMENT: DECISION TO INCISION TIMING

COMMENT

References

16  Complications From Cesarean Deliveries

INTRODUCTION

CASES

COMMENT

17  The Importance of the Medical Record

INTRODUCTION

CASE

COMMENT

18  Utilization of Rh Immune Globulin (RhoGam)

INTRODUCTION

CASES

COMMENTS FOR CASES 1 AND 2

19  Genetics in Obstetrics

INTRODUCTION

CASES

COMMENTS ON GENETIC SCREENING IN PREGNANCY

Aneuploidy Screening

Carrier Screening

Family Histories

SUMMARY

References

20  Supervision of Residents and Those in Training

INTRODUCTION

CASES

COMMENTS

References

21  The Role of the Physician Extenders

INTRODUCTION

CASES

COMMENTS

References

PART 3   OTHER PERSPECTIVES

22  The Second Victims: Physician and Family

INTRODUCTION

DEFINITION OF “SECOND VICTIM”

RESPONSE TO SECOND VICTIMS

STAGES OF SECOND VICTIM RESPONSE

SUPPORT FOR SECOND VICTIMS

Denham’s Rights of the Second Victim

Right 1: Treatment That Is Just

Right 2: Respect

Right 3: Understanding and Compassion

Right 4: Supportive Care

Right 5: Transparency and the Opportunity to Contribute

Other Programs

WAYS TO IMPROVE THE SECOND VICTIM RESPONSE

SUMMARY

References

23  How to Prepare to Be a Defendant

INTRODUCTION

INITIATION OF A LAWSUIT

THE DISCOVERY PROCESS

Medical Records

Interrogatories

Depositions

Expert Witnesses

GETTING READY FOR TRIAL

THE TRIAL

Time Considerations

The Jury

AFTER THE TRIAL

The Verdict

Other Sequelae

A BRIEF OVERVIEW OF PROFESSIONAL LIABILITY INSURANCE

SUMMARY

Reference

24  Malpractice and Patient Safety: Strange Bedfellows

INTRODUCTION

PROBLEMS WITH THE CURRENT MEDICAL LIABILITY SYSTEM

THE IDEAL MEDICAL LIABILITY SYSTEM

POTENTIAL MODIFICATIONS OF MEDICAL LIABILITY SYSTEM

Disclosure and Early Offer Programs

Peer Messenger Programs

Identification of Problem Providers

Identification of the Nature of the Problem

Behavioral Intervention

Malpractice Safe Harbors

Judge-Directed Negotiation

No-Fault Compensation

CONCLUSION

References

25  Medical Legal Risks of Telemedicine

INTRODUCTION

UNDERSTANDING THE TERMINOLOGY

TELEHEALTH BASICS

Obtaining Appropriate Consent

Using Appropriate Modalities

Reviewing Appropriate Documentation

Conducting an Appropriate Physical Examination of the Patient

PRACTICAL EXAMPLES OF TELEHEALTH

COMMON ISSUES IN THE PRACTICE OF TELEHEALTH

Health Insurance Portability and Accountability Act and State Privacy Requirements

Negligence

Example 1

Example 2

Standard of Care

Licensure

Corporate Practice of Medicine

CONCLUSION

References

PART 4   INTERNATIONAL VIEW AND THE FUTURE OF MEDICAL LEGAL REFORM

26  Socialized Medicine and Malpractice—An International Perspective

INTRODUCTION

HEALTH CARE AND THE MEDICAL LEGAL SYSTEM IN ISRAEL

Malpractice Insurance for Physicians

Malpractice Rates in Israel

How the Israeli Medical Legal System Works

Informed Consent and Autonomy

Legal Fees

HEALTH CARE AND THE MEDICAL LEGAL SYSTEM IN CANADA

THE EUROPEAN “NO-FAULT” SYSTEM

SUMMARY

References

27  The Need for Medical Legal Reform and the Future: Three States Where Medical Malpractice Reform Has Made a Difference

CALIFORNIA: THE STORY OF MICRA

Cap on Noneconomic Damages

Mandatory Disclosure of Collateral Sources of Payments

Limits on Attorney Fees

Periodic Payments for Future Damages

Required Notice of Intent to Sue

Shortened Statute of Limitations

Results of Medical Injury Compensation Reform Act Legislation

The Adverse Impact of Medical Injury Compensation Reform Act

THE TEXAS EXPERIENCE

Impact on Legal Practices and Patients

VIRGINIA: THE VIRGINIA BIRTH-RELATED NEUROLOGICAL INJURY

Compensation Program

SUMMARY

References

28  Like It or Not the System Works: The Myth and the Mission of Tort Reform

INTRODUCTION

INCREASED COSTS OF HEALTH CARE AND FRIVOLOUS LAWSUITS

DEFENSIVE MEDICINE

DOCTORS FLEEING THE PROFESSION

INCREASED COST OF MALPRACTICE PREMIUMS

THE CIVIL JUSTICE SYSTEM AND JURY TRIALS

CONTINGENCY FEE

DAMAGE CAPS ON PAIN AND SUFFERING

WHERE DO WE GO FROM HERE?

References

Glossary

Index

 

An aparitie	4 Nov. 2019
Autor	Dr. Steven Warsof
Dimensiuni	15.24 x 22.86 cm
Editura	LWW
Format	Paperback
ISBN	9781496394132
Limba	Engleza
Nr pag	450