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O C T O B E R 2 0 1 4 | O U T P AT I E N T S U R G E R Y M A G A Z I N E O N L I N E
LEGAL UPDATE
degree of tact that not every practitioner possesses.
Putting aside your physicians' interpersonal skill sets, the best
practice for everyone is to have a clear understanding of your
state's rules on the admissibility of statements made by caregivers
following an adverse event, before such an event happens. Even if
your state has an "I'm Sorry" law on the books, there is a wide vari-
ance among the statutes.
Remember, too, that when adverse events occur, physicians will not
have time to seek counsel. It is highly advisable that they discuss such
contingencies about the applicable laws with their attorneys, risk
managers or insurance providers now, in order to prepare themselves
for the difficult moments after something unexpected arises. OSM
Mr. O'Carroll (
tocar-
roll@hinshawla w.com
)
is a partner in the
Chicago office of
Hinshaw & Culbertson.
His practice focuses on
defending physicians and
facilities in medical mal-
practice litigation.
