Managed care liability update

As the volume of litigation involving managed care grows, the liability issues become clearer. For example, recent decisions demonstrate that failure to provide access to qualified physicians, failure to process claims appropriately, denial of claims and undue delay of treatment can and do lead to liability. Moreover, the federal Employment Retirement Income Security Act of 1974 (ERISA) won't protect the managed care providers, and physicians may sue the managed care organization if its policies or agents open them to liability.     

Legal liability and managed care.

In attempts to reduce the cost of mental health treatment, health insurers are turning to mechanisms for intensive oversight that fall under the rubric of managed care. These approaches have implications for the potential liability of clinicians and managed care entities. Clinicians may be confronted with legal duties to appeal adverse decisions, to disclose the impact of managed care on patients' treatment, and in some circumstances, to continue treatment after payment has been denied. Managed care entities are being held to duties to conduct review in a reasonable fashion, and may also have a duty to disclose the limitations managed care may place on patients' access to treatment, and to select appropriate providers of care. The law in this area is in an early stage of development and is likely to be refined. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Ambulatory obstetrical care: strategies to reduce telephone liability

The telephone will become the centerpiece of ambulatory care services. As such, a pertinent aspect of office procedures will necessarily include a protocol to manage and document telephone calls. Encourage your office staff to use good telephone manners, as listed in Table 5. The net result should be a reduction in telephone liability risks and an enhanced reputation for your office.     

Medical liability in the treatment of intensive care unit patients

Critical care medicine was practiced informally during several years, specially during war periods. Nowadays it is, however, a fundamental part of health systems in which patients attain care facilities of increasing complexity in a cost effective manner, according to their needs. The importance of this discipline in Chile, during its 30 years of development, has progressively increased and at the present time, intensive care units represent up to 30% of the total number of beds in some hospitals. Even though these units require great budgets and many resources, their place and the role of physicians who work in them has not been recognized adequately by the national medical community. The present document presents the official position of the Chilean Society of Intensive Medicine on the general objectives of this discipline. It indicates the scope of action of the specialty and the role of intensive care physicians, their relationship with other specialties, their duties and responsibilities with their patients.     

Spirituality "importance for care"

The causes of red eye range from trivial to life-threatening, and many general practitioners are uncertain of their ability to diagnose them with the aid of an ophthalmoscope. We tested the hypothesis that, in the assessment of a patient with red eye, a doctor using a slit lamp biomicroscope would not differ in diagnostic accuracy from a doctor using a direct ophthalmoscope. A cross-over study was conducted in 98 patients newly attending an eye casualty department. 71% of diagnoses agreed exactly, and all potentially sight-threatening lesions were either diagnosed correctly or managed appropriately by doctors using an ophthalmoscope. We conclude that the initial diagnosis and management of patients with an acute red eye is not prejudiced by the lack of a slit lamp biomicroscope.     

A correction of "The inference of accident liability from the accident record."

Corrections are given for an error in a formula and a minor arithmetical error in a previous article (see 29: 1697). (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Ophthalmic lasers and liability

8 patients with hepatic tuberculosis were confirmed by surgical operation and pathological examination of liver. The average age of the patients was 26.5 years. Only one of the 8 patients was suspected of having hepatic tuberculosis before operation. Liver biopsy during the operation was carried out in 3 patients, and lobectomy or partial excision of the liver was performed in 4 patients, and incision and drainage of the liver abscess were performed in 1 patient. All of the patients were cured. The follow-up results showed that hepatic tuberculosis less than or equals to 3 cm in diameter could be cured by regular chemotherapeutics. In this paper, the infectious path, pathological types, differential diagnosis and treatment are discussed, and experience and lessons are summarized.     

Psychiatric liability: Part 2

Psychiatric health care providers' liability extends from clinical cases--medication errors, misdiagnosis, etc.--to particular issues unique to the mental health care setting. Part 2 continues discussion begun in the July issue of lawsuits common to this setting.