Last year, numerous pieces of legislation impacting physicians were signed into law in California. The following new health laws are particularly relevant to physician practices and medical professional liability. This alert is based in part on information obtained from the California Medical Association. All laws are effective January 1, 2025, unless otherwise noted. New California Healthcare laws by topic: Allied Health Professionals: SB 1451 – Professions and vocations Prohibits anyone other than a licensed physician and surgeon from using “doctor,” “physician,” “Dr.,” “M.D.,” “D.O.,” or any other terms or letters implying the person is a physician, in a health care setting....
This resource was made available to MIEC through our partnership with Candello. It was written by Hannah Tremont, MPH Nearly half of health care workers in the U.S. experience burnout, and the post-pandemic exodus from the field has only amplified the strain on the remaining workforce. Given this reality and the links between health care worker well-being and patient safety, it is crucial to understand the implications of burnout on patient outcomes and the potential avenues for comprehensive solutions. A commentary published in the American Journal of Medicine, co-authored by Daniel Shapiro, PhD, Senior Partner and Executive Director of the...
How EHR Documentation Practices Directly Affect Medical Liability
In the event of a medical malpractice lawsuit, a physician's defense relies primarily on the documentation of the care they provided. In the healthcare industry, it is often stated, "If it isn't documented, it didn't happen." While Electronic Medical Records (EMRs) have introduced improvements in healthcare documentation, Candello's 2024 Benchmarking Report on Documentation indicates that the likelihood of a medical professional liability (MPL) case closing with an indemnity payment increases by 140% when there are indications of inadequate documentation of patient encounters. Furthermore, the cost of defense significantly escalates due to the difficulty in securing defense experts and the necessity...
The Emergency Medical Treatment and Labor Act (EMTALA) of 1986 is a federal law aimed at ensuring public access to emergency medical services regardless of a patient's ability to pay for those services. The primary intent of EMTALA is to prevent instances of "patient dumping," in which hospitals refuse to treat uninsured patients or transfer them to other facilities without providing adequate medical evaluation and care. EMTALA imposes several requirements on Medicare-participating hospitals that offer emergency services, and physicians with staff privileges at those hospitals may also have individual obligations under EMTALA. Hospital Requirements When a patient arrives at a...
Documentary Explores the Stress of Litigation and a New Way to Resolve Patient Harm
When an adverse event in healthcare leads to a malpractice claim, the road to resolution is long and often physically and emotionally draining for everyone involved. The feelings of anxiety, fear, anger, and pain that result from litigation can leave both plaintiffs and defendants feel as if the process failed them, and in many cases the experience is permanently life-altering. In June 2024 PBS aired a documentary film entitled, “A World of Hurt: How Medical Malpractice Fails Everyone” which describes the stress of malpractice litigation on both physicians and patients by exploring three very different cases from various points of...