Knowledge Library

FAQs: COVID-19 Informed Consent

Q: Can I be sued if a patient contracts COVID-19 after coming in for an office visit? A: Yes, although plaintiffs may have a difficult time substantiating the origin of the infection given that the typical patient will have multiple opportunities for potential exposures. Medical practices should implement reasonable protocols to mitigate risk of infection to both patients and employees, such as those required by state and local public health officials and infection control guidelines put forth by the CDC and OSHA. Q.) Should I require my patients to sign a waiver absolving me of liability related to COVID-19? A.)...

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FAQ: Medispas

MIEC’s Underwriting and Patient Safety & Risk Management Departments frequently receive questions from policyholders about cosmetic procedures, participation in Medispas, what procedures can be performed by staff, and more. The following are answers to FAQs that we hope will provide physicians with some useful information.   Q. Do I escape responsibility for patients if I, as a physician, simply sign up with a Medispa and lend my name on paper to the facility while receiving a monthly payment to do so? (California) No! According to the Medical Board of California (MBC), this type of arrangement is a violation of current...

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Claims FAQ: Depositions

Originally Published February 2012 in The Exchange - Issue 1 "An attorney subpoenaed my deposition testimony in a medical malpractice case. I’m not a named defendant and don’t believe it’s a big deal. Do I need representation? What’s my liability risk?" MIEC recommends against a physician testifying in a medical malpractice case without personal representation. Depositions are adversarial and the primary objective is to gain information regarding the care provided. Plaintiffs’ attorneys, as well as the attorneys of other physician defendants, are not your friends during this process and they will not protect an unrepresented physician’s interests. Their obligation is...

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