National Medical Professional
Risk Retention Group, Inc.
Risk Alerts and News
Risk Alerts
Current risk alert topics:
Informed Consent RevisitedThe right to autonomy and self-determination, including the right to withhold or grant informed consent to medical treatment, is at the core of all medical decision making in the United States. This fundamental right dictates that the patient, not the physician, determines the course of medical care within the boundaries of the law.
Exercise of this fundamental right can leave the treating physician exposed to litigation if a reasonable process fails to leave a trail of evidence that the patient was informed of a proposed procedure's risks, benefits and alternatives, understood the information provided, and consented or refused the course of treatment.
Allegations of Malpractice in Brachytherapy The utilization of brachytherapy as a treatment modality has increased since it became widely accepted in the late 1990’s as an effective treatment. As an oncology-centric professional liability insurance carrier we have experienced an increase in the number of potential and actual claims associated with brachytherapy. Therefore, it is timely to review legal theories, and more importantly, risk management strategies that may prevent unnecessary and expensive litigation and the undue stress associated with this process.
The Radiation Oncologist's Role in Treating Limb CancerRadiation oncologists assume additional medical malpractice risk when performing radiation therapy on a patient's limb, and they should be aware of the key risk factors, as well as important preventative steps, that will minimize a suit or malpractice claim.
Verification and Documentation of Site and Side Prior to Radiation Therapy Consider the case where a patient was referred for treatment of carcinoma of the right lung. Routine CT imaging was used by the radiation oncologist to develop an appropriate treatment plan for the right lung. Unfortunately, at some point during the planning and simulation process, the images became inverted as the patient was assumed to be in the supine position when actually the simulation was performed with the patient prone. The error was not noted until the completion of the treatment course.
Understanding Misdiagnosis Risk in Radiation Oncology Cancer diagnosis is usually the job of the diagnostic radiologist or other referring specialist. However, this aspect of cancer care does not alleviate the radiation oncologist from certain responsibilities involving proper diagnosis. A radiation oncologist can be found negligent in cases involving improper diagnosis even though the primary responsibility falls upon another physician. The radiation oncologist must understand his or her role after the initial diagnosis in order to mitigate this common cause of medical malpractice suits.
National Medical Professional is continuing to build a library of relevant risk management recommendations. Many of these are based on actual malpractice claims. Click on the titles below to open an Adobe document that you can share with your staff and colleagues.
Please contact us if you have a particular topic you would like to have addressed in a future release.
Please contact us if you have a particular topic you would like to have addressed in a future release.
