2019 Summit Sessions

Patient Safety Risk Management Sessions:


Session 1: “Risky Business: The Aging, Impaired or Disruptive Physician”

The aging, disruptive or impaired physician presents risk to a practice from patient injury/malpractice claims, labor law/harassment claims or loss of patients via negative social media reviews. This is a difficult, sensitive issue for managers and physician partners to tackle, yet it must be done to protect the practice. Learn from real life physician client practice examples and the strategies that resolved the problematic physician issues.

Topics Include:
  • Difficult personalities or disruptive physician behavior which impacts staff, manager and physicians
  • The aging, depressed, substance abuser or skill impairment physician and how to deal with these doctors
  • Setting boundaries, policies and procedures for MD/Staff interaction
  • Confrontation/intervention and careful documentation to protect the practice and avoid litigation
  • Coaching and counseling the physician
  • Communicating risks to the organization: Financial, litigation, loss of reputation.
  • When to call in experienced professionals, consultants, counselors, physicians who conduct neuropsychological examinations and attorneys
  • Critical documentation to support your case
  • Resources and programs
  • Recognizing the physical and emotional stress and energy drain dealing with these issues presents to managers and physician partners and strategies to compensate
Educational Objectives:

At the conclusion of the presentation the attendees will be able

  • To recognize the signs of early dementia, skill impairment, substance abuse and disruptive personalities.
  • To compile documentation to substantiate concerns with physician leadership
  • To select intervention strategies with experienced professionals e.g. attorneys, consultants, counselors, psychologists, physician programs.
  • To protect the practice from lawsuits, i.e. malpractice and labor law cases.
  • To counsel physician partners who may fail to act and describe risks to the practice.

Session 2:Using Non-Physicians in Your Practice: Minimizing Liability”

Physicians and other providers use non-physicians to leverage their practice, including advanced practice professionals, nurses, medical assistants and others. This program will cover relevant state and federal rules, including liability for non-physicians, appropriate delegation, scope of practice, appropriate credentialing, billing for services they provide, etc. Understanding and complying with the rules can help you avoid liability for the acts or omissions of the non-physicians.

Educational objectives:

At the conclusion of the presentation the attendees will be able

  • To identify which services may be delegated to non-physicians, and the conditions associated with such delegation.
  • To understand the appropriate scope of services that may be provided by non-physicians.
  • To gain a basic understanding of requirements to obtain reimbursement for services provided by non-physicians.
  • To recognize risks and ways to minimize liability when working with non-physicians.

Legal Counsel Sessions – Panel Discussions:


Session 1:“Idaho Jury Selection: Challenges & Successful Strategies”

Our panel will discuss how to best prepare for jury selection for medical malpractice cases in an ever-changing environment. The panel will discuss the challenges surrounding jury selection within a region where two of the largest employers are ever growing hospital systems that are frequently named as a co-defendants along with our independent members. The panel will also discuss general best practices with regard to gathering and utilizing information to help select juries; what characteristics they look for in jurors; and voir dire strategies. The panel will also discuss trends seen in jury selection and experiences with some of the new judges. Best Practices for Selecting a Jury in a state where two of the largest employers are St. Luke’s and St. Al’s:

  • How to address with the increasing number of hospital employed jurors in cases involving hospitals and independent providers;
    • St. Luke’s (largely) and St. Al’s (to a lesser extent) are two of the largest employers in Idaho. With so many employed physicians, we are experiencing more and more cases where the Hospital is a defendant along with an independent physician. How and what should attorneys consider when faced with prospective jurors who are in the health care field.
  • What characteristics to look for in jurors;
  • Where to gather juror information;
  • How to successfully organize and utilize gathered information at the time of jury selection;
  • Voir dire strategies;
    • Different procedures employed by the new Idaho District Court Judges
    • Are there any new strategies being utilized by the plaintiffs’ bar:
  • Most recent jury selections (Andy’s TBI case; Keely’s foot nerve damage case)
  • Any new jury selection trends
Educational objectives:

At the conclusion of the presentation attendees will be able

  • To employee strategies to address jury selection in cases involving hospitals and independent providers in a community where two hospitals are the largest employers
  • To employee effective voir dire strategies
  • To gain knowledge on jury selection trends

Session 2: “Presenting Evidence and Witnesses Effectively in the New Court Schedules”

Within the last several years, we have seen significant changes to the trial schedule, wherein the parties are forced to try cases with shortened trial days and shortened trial weeks. The panel will discuss the trial schedule changes we are seeing in Idaho; the challenges it can present to trying a case; and best practices for presenting evidence and witnesses within this difficult to navigate system.

The Complicated Trial Schedule
  • Trends in Trial Schedules:
    • Shortened trial days: most judges have now moved away from the 9-5 trial day in favor of a shortened day with limited breaks.
      • Typical is a 9:00-2:30 day with two short breaks
      • We had a recent case where the Judge gave us: 9:00-1:00 on some days; 9:00-2:30 on others; and 9:00-4:30
    • Shortened trial weeks: many judges how have dedicated days of the week for their criminal calendar. Some judges also have dedicated days to Drug Court, DUI Court or other commitments that limit the number of trial days to 3 per week.
    • Extended gaps during trial: Judges are now more willing to allow for gaps during the trial to accommodate judicial conferences etc.
  • Difficulties Created by these Altered Trial Schedules
    • Witness presentation
      • Tips to best present your own witnesses within strained schedules
      • Scheduling concerns/allowing out of order witnesses
  • Evidence presentation
    • Strategies to ensure most persuasive use of evidence presentation with limited daily time
    • How to keep juries focused on key points throughout extended trial
Educational objectives:

At the conclusion of the presentation attendees will be able

  • To successfully navigate the challenges of presenting evidence in an abbreviated trial schedule
  • To successfully prepare and present witnesses in these challenged schedules
  • To develop tactics to keep jurors engaged throughout the disruptive trial schedules