The Medical Protective Company Most healthcare providers know that a patient's signature on an informed consent document may not automatically make the consent valid. The same is true of informed refusal. Both of these concepts rely on ethical and legal guidelines that acknowledge the right of competent adults to determine the course of their health

By Laura M. Cascella, MA If you’ve ever heard someone use the phrase, “it was a judgment call,” you probably assumed that the person made a decision based on the best available information. That is, the person assessed the situation, considered relevant data, and came to a conclusion based on factual information and his or

By Laura M. Cascella, MA Providing coordinated, competent patient care involves precision at many points in the clinical process, but particularly in sending and receiving information. Yet, “the increasingly complex healthcare environment can complicate the communication process and hinder the information exchanges necessary for optimum care.”1 Communication breakdowns in healthcare are not uncommon, and they

By Laura M. Cascella, MA The term “medical error” often conjures thoughts of wrong site surgeries, procedures performed on the wrong patients, foreign objects left inside patients, medication mistakes, and other serious mishaps. Although these errors certainly deserve attention, the visibility surrounding them can easily overshadow common, but less sensational lapses. Diagnostic errors, for example,

In the wake of the March 13, 2014 Florida Supreme Court ruling that a 2003 law limiting damages in medical-malpractice cases was deemed unconstitutional, a more difficult, “hard market” is predicted to hit Florida’s malpractice insurance market soon. What should we be considering in our medical practice to be prepared? Just like creating a hurricane

Exclusive Remedy Upheld By Florida Supreme Court By Tom Murphy In a previous article, I provided information regarding a ruling by Judge Jorge E. Cueto of Florida’s Eleventh Judicial Circuit Court in which Judge Cueto ruled the state’s workers’ compensation “exclusive remedy” provision was unconstitutional. He went on to say that the workers’ compensation reforms

By Tom Murphy On February 10, 2015, a Palm Beach County jury returned a verdict of $8.5 million against MDVIP, the  largest concierge medical practice in the country. This is believed to be the first medical-malpractice verdict against MDVIP and the first against any concierge physician-management company. The verdict confirmed that the jury found MDVIP

The Division of Workers’ Compensation has issued its 2014 Results and Accomplishments Report. The Report contains important system information related to lost-time claims and medical costs as well as outcome and performance measures for each of the Division’s major program areas. To view the Report, click here.

What do Sony, Target and your medical practice have in common? Much more than you may think! Last December we all watched as Target announced that they had fallen victim to a cyber-attack and a vast amount of financial and personal data from customers was stolen. To date, Target has been fighting various lawsuits, including

Ambulatory surgery centers (ASCs), by the nature of their business, always face liability risks. Although many of these risks can be lessened through implementation of risk-management practices, they can rarely be eliminated. Thus, it is prudent to define a liability-insurance program that addresses the ASC’s needs and ensures your peace of mind should the unexpected