Page 27
MEDICAL MALPRACTICE
company has a risk department and attorneys on retainer who can set you on the right course when it comes to decreasing liability. People don't always think to look outside the business, but if you have the opportunity to consult with a risk manager from a parent company, you should definitely do so.
9. Facilities aren't accredited
This is important. If you're not accredited by one of the big 3 (the American Association for Accreditation of Ambulatory Surgery Facilities, the Accreditation Association for Ambulatory Health Care and the Joint Commission), there's no oversight and you're probably not doing all the right things. Also, being accredited goes a long way toward bolstering your defense if there's ever a problem.
10. Physicians don't listen to anesthesia providers
The outdated theory that the surgeon is the captain of the ship and in charge of everything is a dead doctrine in law. The surgeon is in charge of the surgical area and the anesthesia provider is in charge of the anesthesia. But the minute a surgeon says, "give me 2 milligrams of Versed," he has assumed control and is now liable for anything that goes wrong with the anesthetic aspect of the case, even if he'd prefer to blame the anesthesia provider. Similarly, if an anesthesia provider says a procedure is too dangerous or complicated, or is ill-advised, or if the patient's comorbidities exceed ASA Class 3, you need to rely on that judgment and follow that advice. Failure to do so exposes you to a precarious liability situation.
Mr. Landess (william.landess@palmettohealth.org) is the director of anesthesia for Palmetto Health Richland in Columbia, S.C.
