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| AMA PRA Category 1 Credits™ |
| "Faculty did a great job. Thank you. Liked that the sessions are scheduled only for the AM and end at noon. AMS staff have always been very helpful." |
| Adel F. Makar M.D. |
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by Nicholas E. Bunch, J.D. - Partner with White, Getgey & Meyer Co., L.P.A., Cincinnati, OH and James P. Triona, Esq. - Owner/Partner with Triona, Calderhead & Lockemeyer, Cincinnati, OH.
Learning Objectives
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| EDUCATIONAL GAP AND NEEDS ANALYSIS STATEMENT: The need for the topic of Medicolegal Risk Management is clearly identified through the emergence of mandatory CME requirements in various states for Board Licensure and Re-licensure. Further, this is an area of particular need of improved knowledge and skill in that it is now commonly incorporated in the curriculum of a physician’s formal education. This activity is typically one of the lowest in attendance, yet it is of such definite identified need that it will be maintained as an annual topic for presentation at this time or at least until the national “crisis” of Medical Errors and Medical Malpractice subsides.
| | Day 1 |
Introduction. Case Presentations. Standard of Care. Theories of Liability. |
| Day 2 |
The Plaintiff’s Perspective of the Legal Process. The Defense’s Perspective of the Legal Process. The Court’s Involvement in the Process. Case Presentation/Deposition Behavior and Content. |
| Day 3 |
The Order of Proof at Trial. Case Presentation. Role of the Liability Insurer. Settlements and Other Forms of Alternative Dispute Resolution. |
| Day 4 |
Damages. Frequent Liability Claims. Presentation of Cases. Practical Tips to Avoid/Minimize Liability Claims. |
| Day 5 |
The Medical Record. National Practitioners Data Bank and Its Implications. High Risk – Areas of Caution and Behaviors to Avoid. Case Presentations – Post-Lecture Assessment. |
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Medicolegal Risk Management from Both Sides of the Aisle
December 8-12, 2008
Location: Hyatt Regency Sarasota, Florida
OBJECTIVES
| OVERALL OBJECTIVES:The overall objective is to provide the participant with practical and clinically relevant information. Upon completion of this CME activity, the physician or healthcare provider should be able to describe the current approach to formulating differential diagnoses, diagnostic, therapeutic, and preventive management of the various disciplines presented. |
| SPECIFIC OBJECTIVES
| | Day 1 | Upon completion of this session, the participant should be able to:
| 1. | Explain the elements of a lawsuit including the issues of:
| a. | Duty;
| | b. | Breach;
| | c. | Injury;
| | d. | Causation.
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| | 2. | Identify and demonstrate how these legal issues present themselves in ‘real life’ case situations.
| | 3. | Formulate appropriate behaviors that exemplify the importance of these legal issues.
| | 4. | Relate the various legal theories used to establish liability of medical providers.
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| | Day 2 | Upon completion of this session, the participant should be able to:
| 1. | Describe the process through which a complaint is filed and evidence obtained.
| | 2. | Discuss how the defense responds to the complaint.
| | 3. | List constructive behaviors as they relate to legal procedures.
| | 4. | Discuss strategy and objectives for both plaintiff and defendant during the litigation process.
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| | Day 3 | Upon completion of this session, the participant should be able to:
| 1. | Discuss the components of the actual trial process.
| | 2. | Distinguish the interests of the liability insurer and the interests of the physician defendant.
| | 3. | Be familiar with various forms of alternative dispute resolution for settlement of claims.
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| | Day 4 | Upon completion of this session, the participant should be able to:
| 1. | Identify the plaintiff’s claims concerning damages.
| | 2. | Identify the defenses utilized to rebut plaintiff’s claims for damages.
| | 3. | Compile a partial but representative list of the types of legal claims physicians frequently encounter.
| | 4. | Identify and apply methods that can minimize the potential of a liability claim being brought against the physician.
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| | Day 5 | Upon completion of this session, the participant should be able to:
| 1. | Recognize and discuss the legal importance of the medical record for the plaintiff and defendant.
| | 2. | List methods to improve charting and the ability to defend one’s care.
| | 3. | Relate how the National Health Practitioners Data Bank affects Medicolegal encounters.
| | 4. | Describe the various areas in medicine or practice behaviors that predispose to high risk for medical malpractice claims.
| | 5. | Recognize the situations or patient encounters that commonly result in behavior consistent with high risk for causing an action.
| | 6. | List the various strategies and resources available to you when a perceived high risk behavior or encounter has occurred.
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