As it is every year, numerous pieces of legislation impacting physicians were signed into law in California in 2023. The following new health laws are particularly relevant to physician practices and medical professional liability. This alert is based on information obtained from the California Medical Association. All laws are effective January 1, 2024, unless otherwise noted. Allied Health Professionals: AB 1070 – Supervision of Physician Assistants: Exceptions Permits a physician and surgeon to supervise up to 8 physician assistants at one time if all the physician assistants are focused solely on performing in-home health evaluations to gather patient information and...
MPL Defense Verdict Bolstered by Appropriate Consent Process
This case study was put together by our partners at CRICO and was written by Margaret Janes, Senior Program Director Patient Safety and Education Description Discussion with the patient about risks, benefits, and alternatives of a procedure helped in defense of a known surgical complication. Key Lessons Informed consent is a conversation with the patient that covers both what the patient may think is important and what the physician thinks is important Documentation in the medical record of discussions with the patient, beyond the informed consent form, will help support care provided in the event of an unexpected outcome Managing...
A number of new laws impacting the practice of medicine in Idaho have been enacted. MIEC encourages Idaho physicians to engage in the legislative process through organizations such as the Idaho Medical Association and the Idaho Coalition for Safe Healthcare. All new laws are effective July 1, 2024 unless noted otherwise. CONSENT Minor Consent: As previously reported, the Parental Rights in Medical Decision-Making Act largely eradicated an unemancipated minor’s authority to consent to medical care, as well as their right to confidentiality of that care. It also gives parents a private right of action against physicians if their right...
Defense Verdict After Patient Challenged Surgical Outcome
This case study was put together by our partners at CRICO and was written by Jennifer Vuu Sanchez, Program Director Description A 42-year-old female dissatisfied with post-surgical outcomes for chronic pelvic pain sued her gynecologist. Key Lessons Patients will sue even if there is no malpractice because of unexpected outcomes, anger, dissatisfaction, or lack of understanding of what occurred. Appropriate provider-patient communication helps manage expectations and complications. Provide emotional support for clinicians named in a malpractice lawsuit or claim. Clinical Sequence April 3: A 42-year-old female with a history of chronic pelvic pain (CPP) presented to her gynecologist with complaints...
Hospitals must obtain written consent for pelvic and similar exams.
Centers for Medicare & Medicaid Services (CMS) recently announced new guidance for hospitals informed consent guidelines. Based on increasing concerns about the absence of informed patient consent prior to allowing practitioners or supervised medical, advanced practice provider, or other applicable students to perform training- and education-related examinations outside the medically necessary procedure (such as breast, pelvic, prostate, and rectal examinations), particularly on anesthetized patients, we are reinforcing hospitals’ informed consent obligations. CMS requires hospitals to first obtain and document informed consent from patients before performing sensitive examinations in all circumstances. Informed consent includes the right to refuse consent for sensitive...