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Medical Corporations: Company Policies May Help Avoid Malpractice Lawsuits
Every San Diego and California physician and healthcare provider must carry malpractice insurance. The same is true for any medical corporation under which the physicians and healthcare providers offer services. However, malpractice lawsuits are bad for business even if there is insurance to cover the fees and any adverse judgment. While an individual healthcare provider is generally the target of the lawsuit, as a practical matter, plaintiff lawyers almost always sue the practice/medical corporation under various theories of negligence such as failure to train, wrongful hire, etc.
However, good internal policies and procedures can provide a shield against such claims against the practice. In this article, we will discuss examples in the context of the opioid crisis. While the medical portions of the policies and procedures must be drafted by the medical professionals, a good San Diego corporate lawyer can help with the remainder of the drafting and can ensure proper ratification, execution, and implementation.
San Diego Corporate Law: Need for Medical Corporation Policies and Procedures
In 2016, opioid abuse led to the deaths of nearly 63,000 US residents. President Trump has called for tough laws and harsh punishments for dealers in opioids. Lawmakers are calling for tougher laws and regulations from the FDA regarding approval of opioids. See here.
However, the opioid crisis is not just about drug dealers. About one fourth of the deaths in 2016 and 2017 were from abuse of legally prescribed opioids. As such, the crisis is generating a lot of litigation including against physicians, hospitals, and physician practice groups. Typical claims include:
- Wrongful death
- Medical malpractice for misprescribing and overprescribing
- Failure to properly warn concerning the risks of addiction
- And more
Steps to Take to Help Your Malpractice Defense
To combat such litigation from the standpoint of your San Diego medical corporation, policies and procedures can be put into place that will help minimize claims of medical malpractice. Implementing such policies can also have positive effect on your malpractice premiums. Here are a few of the policies and procedures to consider:
- Require each physician to give a written disclosure when any opioids are prescribed — such disclosure should be vetted to ensure that it is accurate, full, and proper; disclosures should be reviewed annually and updated as needed
- Establish policies with respect to number of doses prescribed
- Establish policies with respect to prescribing alternative medications
- Establish training protocols
- Similarly, establish policies to ensure every member of your practice group is up-to-date on the relevant standards of care as they generally change regularly; this is supplemental to annual trainings
- Establish policies and procedures for telemedicine
- Create an administrative position — maybe called the “Policy and Training Director” — this person would guide the practice in creating the policies and procedures, setting up the training, being a knowledgeable person who can be the “face” of the medical practice for purposes of media, litigation, and governmental investigations
- Establish a reporting protocol for when “danger signs” are observed or when some other malpractice might have taken place
- And more
As noted, a good corporate attorney can help draft and implement policies and procedures like these to help avoid malpractice and to help defeat any claims of malpractice.
Contact San Diego Corporate Law
For more information on creating and drafting policies and procedures for your medical practice, contact attorney Michael Leonard of San Diego Corporate Law. To schedule a consultation, contact Mr. Leonard via email or by calling (858) 483-9200. Mr. Leonard has been named a “Rising Star” three years running by SuperLawyers.com and “Best of the Bar” by the San Diego Business Journal.
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