Objectives Objectives Understand types of malpractice insurance - - PDF document

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Objectives Objectives Understand types of malpractice insurance - - PDF document

Richard O. Davis, MD 2/14/2017 Tips for Optimal Management of Tips for Optimal Management of Risk in Obstetrical Care Risk in Obstetrical Care Richard O. Davis, M.D. Richard O. Davis, M.D. Objectives Objectives Understand types of


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Richard O. Davis, MD 2/14/2017 ROD Progress Meeting 2017.ppt 1 Tips for Optimal Management of Tips for Optimal Management of Risk in Obstetrical Care Risk in Obstetrical Care

Richard O. Davis, M.D. Richard O. Davis, M.D.

Objectives Objectives

 Understand types of malpractice insurance

coverage

 Discuss the importance of risk management in the

p g hospital and office setting

 Understand pitfalls in the Electronic Medical

Record

 Discuss recent trends in medical malpractice

claims

NO CONFLICTS

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SLIDE 2

Richard O. Davis, MD 2/14/2017 ROD Progress Meeting 2017.ppt 2

Risk Management Risk Management

 Hospital Setting

Hospital Setting

 Health

Health Systemwide Systemwide

 Health

Health Systemwide Systemwide

 Office Setting

Office Setting

UAB Risk Management UAB Risk Management

 Assessment: Understand the

facts/investigation

 Assess level of risk  Standard of care (internal and/or

external review)

 Individual practitioner(s) or system(s)  Focus on resolution and quality

improvement

Incident Reports are Privileged Incident Reports are Privileged and Confidential and Confidential

 Incident Reports at UAB are Electronic.

Incident Reports at UAB are Electronic.

 Never refer to an Incident Report in the

Never refer to an Incident Report in the Medical Record Medical Record Medical Record. Medical Record.

 Never Place an Incident Report in the

Never Place an Incident Report in the Medical Record. Medical Record.

 Never Document your conversation with

Never Document your conversation with Risk Management in the Medical Record. Risk Management in the Medical Record.

 Never email or text following an adverse

Never email or text following an adverse event. event.

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Richard O. Davis, MD 2/14/2017 ROD Progress Meeting 2017.ppt 3

Statute of Limitations Statute of Limitations -

  • Alabama

Alabama

  Injury

Injury -

  • 2 years from date of injury

2 years from date of injury

– could be up to four years. could be up to four years.

 Death

Death - 2 years from date of death 2 years from date of death

7

 Death

Death - 2 years from date of death. 2 years from date of death.

 Children

Children

– under 4 under 4 -

  • until his/her 8th birthday

until his/her 8th birthday – over 8

  • ver 8 -
  • 4 years.

4 years.

Type of Insurance Coverage Type of Insurance Coverage

 Claims Made

–Requires tail coverage

 Occurrence  1 million/3 million

Top Medical Specialties by Top Medical Specialties by Average Indemnity 2012 Average Indemnity 2012

1. OB/GYN $425,000 2. Neurosurgery $421,000 3 Pediatrics $398 000 3. Pediatrics $398,000 4. Neurology $395,000 5. Anesthesiology $378,000 All Specialties $329,000

PIAA

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Richard O. Davis, MD 2/14/2017 ROD Progress Meeting 2017.ppt 4

2014 Medical Malpractice Trend Review 2008 2014 Medical Malpractice Trend Review 2008-

  • 2013

2013 Verdicts or settlements of $5 million or more Verdicts or settlements of $5 million or more Total cases 245 4,561,357,254 OB/GYN *64 1,465,752,756 E M di i 13 116 349 078 Emergency Medicine 13 116,349,078 Anesthesiology 11 209,541,570 General Surgery 9 86,050,000

* 60 were birth injury cases (all exceeded $5 million)

The Risk Authority Stanford University Medical Network

Top Ten Medical Professional Top Ten Medical Professional Liability Insurers Liability Insurers

2013 Rank Company Not Previous Written 1 Berkshire Hathaway 825.5 M 2 Doctors Company 736.1 3 MLMIC (NY) 542 4 Pro Assurance 494 9 4 Pro Assurance 494.9 5 CNA 477.2 6 PRI (NY) 373.2 7 AIG 351.5 8 Coverys 346.2 9 NORCAL 285.7 10 ISMIE Mutual (llinois) 243.2

Source: AM Best 2014

Obstetric Claims Obstetric Claims Metrics Hospitals Metrics Hospitals

 About 1 in every 3,711 births results in

About 1 in every 3,711 births results in claim with indemnity claim with indemnity

 Average value of these cases including

Average value of these cases including

 Average value of these cases, including

Average value of these cases, including defense, is 1.1 M defense, is 1.1 M

 The cost per delivery to cover liability is,

The cost per delivery to cover liability is,

  • n average, $296
  • n average, $296

Source: Berkley Med 2015 Source: Berkley Med 2015

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Richard O. Davis, MD 2/14/2017 ROD Progress Meeting 2017.ppt 5

Hospital Excess Claims Hospital Excess Claims

  Failure to Diagnosis Fetal Distress

Failure to Diagnosis Fetal Distress

 Failure to Timely perform Cesarean

Failure to Timely perform Cesarean Surgical Care Surgical Care

 Surgical Care

Surgical Care

 Shoulder Dystocia

Shoulder Dystocia

Source: Berkley Med Source: Berkley Med

Top Chief Medical Factors Top Chief Medical Factors

 Improper Performance

Improper Performance

 Errors in Diagnosis

Errors in Diagnosis Failure to Supervise or Monitor Care Failure to Supervise or Monitor Care

 Failure to Supervise or Monitor Care

Failure to Supervise or Monitor Care

 Medication Errors

Medication Errors Prevalence and Characteristics of Physicians Prone to Malpractice Claims Studdert DM, Birmark MM, Mello MM, et al. Stanford University School of Medicine and y Stanford University Law School, Melbourne School of Population and Global Health, Department of Health and Human Services New Engl J Med 2016;374:354-62.

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Richard O. Davis, MD 2/14/2017 ROD Progress Meeting 2017.ppt 6 National Practitioner Data Bank National Practitioner Data Bank (NPDB) (NPDB)

Confidential data repository Created by Congress in 1986 Improve healthcare quality Analyzed 66,426 claims paid

against 54,099 physicians

Jan 1, 2005 – Dec 31, 2014

Physician Specialty Physician Specialty (Top 5) (Top 5)

 Internal Medicine

15%

 Obstetrics and Gynecology

13%

 General Surgery

12%

 General Surgery

12%

 General Practice/Family Medicine 11%  Orthopedics

7%

Physician Characteristics Physician Characteristics

Male Physician

82%

M.D.

92%

D.O.

8%

Trained in U.S.

77%

Metropolitan Area

87%

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Richard O. Davis, MD 2/14/2017 ROD Progress Meeting 2017.ppt 7 Claims Analysis (66,426) Claims Analysis (66,426)

Death 21,509 (32%) Major physical injury 10,130 (15%) Significant physical injury 25,447 (38%) Minor physical injury 7,798 (12%) Emotional injury only 999 ( 2%) Injury Scale from National Association Injury Scale from National Association

  • f Insurance Commissioners
  • f Insurance Commissioners

Disposition of Claims (66,426) Disposition of Claims (66,426)

Settlement: 97% Verdict: 3% Total payment (2014 dollars) Mean 371,054 Median 204,750 Distribution of Claims Distribution of Claims

 16% of physicians had at least 2 paid

claims and accounted for 32% of all claims

 4% of physicians had at least 3 paid  4% of physicians had at least 3 paid

claims and accounted for 12% of all claims

 1% of physicians had at least 4 paid

claims and accounted for 5% of all claims

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Richard O. Davis, MD 2/14/2017 ROD Progress Meeting 2017.ppt 8

Factors Associated with Recurrent Factors Associated with Recurrent Claims Compared to Physicians with Claims Compared to Physicians with Only One Claim Only One Claim

 2 paid claims = 1.97 hazard ratio

3 id l i 3 11 h d ti

 3 paid claims – 3.11 hazard ratio  6 or more paid claims = 12.39 hazard

ratio Recurrence Paid Claims by Specialty Recurrence Paid Claims by Specialty Compared to Internal Medicine Compared to Internal Medicine

 Neurosurgeons = 2.32 hazard ratio  Orthopedic surgeons = 2.02 hazard

O t oped c su geo s a a d ratio

 Obstetrician-Gynecologist – 1.89

hazard ratio

 Psychiatrists and Pediatricians - <1

hazard ratio Distribution of Claims Distribution of Claims Analysis Performed with All 915,564 Analysis Performed with All 915,564 Active Physicians as Denominator Active Physicians as Denominator

 Only 6% of physicians had a paid

claim

 1% of physicians with ≥ 2 paid claims

accounted for 32% of all paid claims

 0.2% of physicians with ≥ 3 paid

claims accounted for 12% of all paid claims

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Richard O. Davis, MD 2/14/2017 ROD Progress Meeting 2017.ppt 9 “Shielding” “Shielding”

 Some malpractice payments do not reach the

NPDB

 Settlements made in name of an institutional co-

defendant

 Shielding is most likely:

  • Physicians and hospitals covered by same insurer
  • Delivery system is tightly integrated
  • Physicians exert substantial control

EHR Issues EHR Issues

 Retrospective, cohort study of claims

Retrospective, cohort study of claims Jan 1, 2012 Jan 1, 2012 – – Dec 31, 2014 Dec 31, 2014

 CBS: National Malpractice Claims Database

CBS: National Malpractice Claims Database

 CBS: National Malpractice Claims Database

CBS: National Malpractice Claims Database More than 500 hospitals and 165,000 More than 500 hospitals and 165,000 physicians physicians

 147 (<1%) had 1 or more HER errors as

147 (<1%) had 1 or more HER errors as contributing factor contributing factor

Graber, et al. J Patient Safety, 2015 Graber, et al. J Patient Safety, 2015

EHR Issues EHR Issues

 Medication errors

Medication errors 31% 31%

 Diagnosis errors

Diagnosis errors 28% 28%

 Treatment complications

Treatment complications 31% 31%

 Treatment complications

Treatment complications 31% 31%

 Issues Identified

Issues Identified

  • User related issues

User related issues 63% 63%

  • Technology related issues

Technology related issues 58% 58%

Graber, et al. J Patient Safety, 2015 Graber, et al. J Patient Safety, 2015

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Richard O. Davis, MD 2/14/2017 ROD Progress Meeting 2017.ppt 10

EHR Issues EHR Issues

 User related: copy forward/paste, auto

User related: copy forward/paste, auto population, human error population, human error

 Technology related: transition from paper to

Technology related: transition from paper to EHR, transition to new HER, interfaces of EHR, transition to new HER, interfaces of EHR, (office, hospital), physician notification EHR, (office, hospital), physician notification

Graber, et al. J Patient Safety, 2015 Graber, et al. J Patient Safety, 2015

Event Facts Event Facts

 Labor induction

Labor induction

 39 weeks

39 weeks

 Diabetes

Diabetes

 Diabetes

Diabetes

 Spontaneous delivery

Spontaneous delivery

 Shoulder dystocia

Shoulder dystocia

 Brachial plexus injury

Brachial plexus injury

Chart Documentation Chart Documentation History and Physica History and Physical l

 Indication for induction

Indication for induction

 Type of diabetes and control

Type of diabetes and control

 Estimated fetal weight

Estimated fetal weight

 Estimated fetal weight

Estimated fetal weight

 Discussion of possible shoulder dystocia

Discussion of possible shoulder dystocia

 Cesarean discussed?

Cesarean discussed?

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Richard O. Davis, MD 2/14/2017 ROD Progress Meeting 2017.ppt 11

Chart Documentation Chart Documentation Delivery Note Delivery Note

 Head to body delivery interval

Head to body delivery interval

 Maneuvers

Maneuvers

 Anterior shoulder (

Anterior shoulder (Rt Rt or Lt)

  • r Lt)

 Anterior shoulder (

Anterior shoulder (Rt Rt or Lt)

  • r Lt)

 Discussion with patient/family

Discussion with patient/family

 Acknowledge: weak arm, fracture

Acknowledge: weak arm, fracture humerus humerus/clavicle /clavicle

Clinical Scenario Clinical Scenario

 Recurrent late decelerations

Recurrent late decelerations

 Urgent Cesarean called 9:00 p.m.

Urgent Cesarean called 9:00 p.m.

 Skin incision 10:15 p.m.

Skin incision 10:15 p.m.

Expected or Unexpected Expected or Unexpected Neonatal Depression Neonatal Depression

 Resuscitation

Resuscitation

 Discussion with patient/family

Discussion with patient/family

 Cord gases

Cord gases

 Placenta to Pathology

Placenta to Pathology

 Document nuchal cord, abruption

Document nuchal cord, abruption

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Richard O. Davis, MD 2/14/2017 ROD Progress Meeting 2017.ppt 12

Obstetrics Obstetrics

 Management of preeclampsia  Fetal Monitor interpretation  Shoulder dystocia  Operative vaginal delivery

Obstetrics Obstetrics

 Timely and accurate charting

Cord gas

 Cord gas  Placenta pathology

Gynecology Gynecology

 Failure to diagnose (Cancer, ectopic)  Follow-up of mammogram, PAP smear, lab  Bladder, ureter, bowel injury  Retained laps/sponges, instruments

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Richard O. Davis, MD 2/14/2017 ROD Progress Meeting 2017.ppt 13 Gynecology Gynecology

 Documentation of consent

Timel and acc rate charting

 Timely and accurate charting  Appropriate follow-up

Follow Up Systems Follow Up Systems

 Failure to follow up on Lab Tests, outside

Testing, Ultrasounds, and imaging

 May result in Delays in Treatment and

Contribute to Poor outcomes or Early Demise

Communication Communication

  Failure to communicate leads to

Failure to communicate leads to adverse outcomes. adverse outcomes.

 Patient to Healthcare Provider

Patient to Healthcare Provider

 Patient to Healthcare Provider

Patient to Healthcare Provider

 Nurse to Resident

Nurse to Resident

 Resident to Upper Level Resident

Resident to Upper Level Resident

 Resident to Attending

Resident to Attending

 Attending to Attending

Attending to Attending

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Richard O. Davis, MD 2/14/2017 ROD Progress Meeting 2017.ppt 14

Other Areas of Risk Other Areas of Risk

 EMTALA  HIPAA

SOCIAL MEDIA SOCIAL MEDIA