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sas5814

Shifting Liability, A Conversation

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There is a lot of discussion about burnout, stress, too many patients, unrealistic expectations etc. Many of the rules and systems that create this type environment put provider and patient at risk. This has led to a "water cooler" conversation that I think bears exploration. What if, when  law suit or board complaint gets dropped on a provider, he/she sues the administrators who created the policy? not the organization but the individual administrators who created and implemented the policy?

Would this "sharing" of risk and liability provoke a change in attitude among the policy makers? How many cases would it take before it became national news and was known throughout all of admin country wide?

I used to direct every disgruntled patient about wait times etc to the VP of clinical services who created our staffing model and thought 50 a day per provider in the UC was a great idea. I was told to stop doing that. My answer was...you don't get to create bad policy and then hide from the results.

What if that concept was elevated to include legal liability?

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6 hours ago, sas5814 said:

 

I used to direct every disgruntled patient about wait times etc to the VP of clinical services who created our staffing model and thought 50 a day per provider in the UC was a great idea. I was told to stop doing that. My answer was...you don't get to create bad policy and then hide from the results.

 

what was the outcome???

 

I think there is liability to be spread around

 

i think providers should be documenting in some way when admin tells them to do things that negatively effects their patient care.

 

I would be very interesting to draw admin in on these suits and see them sweat getting sued.....  love the idea

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The outcome was quit it our you're going to get fired. He who signs the checks makes the rules.

This is just the kernel of an idea but I can see where, with time and nurturing, it could be the basis for some very positive changes industry wide. 

Sounds like a great PAFT discussion and possible position paper.

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At what point does control over the environment of practicing medicine (e.g., restricting visit time frames, restricting MA or nursing support) constitute "practicing medicine" for liability purposes?

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I wouldn't consider it practicing medicine so much as participatory liability (if that is a thing). If you create an impossible situation you have participated in a process or processes that resulted in harm to a patient and to a professional's career.

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Sounds like it would fall under "several liability", and yes, it should be a thing. If it hasn't been tried by a plantiff's attorney, I'd be curious if it just hasn't been considered or if the juice isn't worth the squeeze, i.e. it's a lot easier to win a judgment or settlement from an individual practitioner than from a large corporation with large corporate resources.

https://www.alllaw.com/articles/nolo/medical-malpractice/multiple-parties-liable.html

 

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What about this scenario. 

 

Sheriff (she does not hold any type of license to practice medicine) states “no suboxone or methadone in a jail because I don’t believe in  them, I believe in abstinence”

 

so people coming in (even those stable for years) are forced detox.  

 

Is this his person practicing medicine with out a license?   

 

 

Is this admin making medical decisions?

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