Risk Management Articles
Liability for the acts of others, the concept of vicarious liability based in the legal theory of Respondeat Superior

Many practices, medical groups, or professional associations may have liability exposure based on the conduct of another in their office or practice due to vicarious liability.  This liability is based upon the legal concept of Respondeat Superior. Respondeat Superior (Latin) translates to “let the master answer,” or “let the superior respond.”  The doctrine of Respondeat […]

Refusal to Consent or Informed Refusal

The doctrine of informed consent is well known to healthcare practices, and most have well established policies and procedures for the physician to obtain informed consent. Informed consent is defined as: a patient’s knowing choice about treatment or a procedure, made after a physician or other healthcare provider discloses whatever information a reasonably prudent provider […]

Corporate Transparency Act – It May Impact Your Healthcare Practice

In 2021, as part of the National Defense Act, Congress enacted the Corporate Transparency Act which imposes new reporting requirements for some businesses as of January 1, 2024.  The purpose of the Corporate Transparency Act was to strengthen the United State’s financial crime monitoring system, by requiring certain entities to disclose and identify information about […]

When to Review and Change Your Office’s Policies and Procedures

When setting up their practice or soon thereafter, most healthcare professionals took the time to develop employee manuals, policies and procedures, websites, and other documentation to be used in the practice.  It is important to remember that these documents and websites must grow and adapt with your medical practice and with the evolving environment in […]

Communication is Still Key, But Remember Your Audience

You have surely heard it several times: patients who believe they have a good relationship with their physician are considerably less likely to sue in the event of an adverse outcome. But a physician need not spend hours with each patient, have a stunning personality or exhibit world-class bedside manner to be held in high […]