Professional Liability

Transcription

1 Professional Liability Insurance Presented By Karen M Wernette, DVM Professional Liability Insurance Responds to allegations of professional malpractice. 1. defends veterinarians 2. pays the costs veterinarians are legally responsible for due to allegations of professional negligence 3. educates veterinarians about avoiding claims. Professional Liability Insurance Allegations of Negligence Actual Negligence 1

2 What is Malpractice??? Failure to use such reasonable skill and diligence as are ordinarily expected of careful, skillful, and trustworthy persons in his or her profession Below the standard of care or negligence What is the Standard of Care? SOC is determined to be what a reasonable veterinarian would do in a particular situation. SOC may be different in different geographical areas. Malpractice Can you avoid claims of malpractice? Malpractice/Board Complaints Miscommunication Adverse events & unfortunate outcomes Negligence Human injury Economic loss Collection Client personality 2

3 PLIT s Interest in Communication in Veterinary Medicine Proven connection to complaints Communication is one of the more recent hot topics Can be found at most CE meetings PLIT better communication Reduced claims=reduced defense costs, reduced claim handling costs, stable premiums Effective Communication Reduces Malpractice Risk Estimated that 60% of all claims are related to some breakdown in communications What can you do? Communicate Effectively Clients Staff Colleagues 3

4 Malpractice due Miscommunications Lack of consent Failure to inform or risks, prognosis or options Failure to inform of costs Failure to give complete written and verbal discharge instructions Failure to listen or to be available Give Estimates Update estimates during treatment Dosage errors Human error Overdose-decimal decimal point moved Insulin syringes Drug mix-up Zyrtec OTC and owner got Zyrtec D Zyrtec D contains pseudoephedrine 4

5 History Obtain pertinent records Ask what medications has animal been given Identify animals Note the procedure that the animal is admitted for Document, Document, Document Keep Good Medical Records 5

6 Records Estimates Provides dxs/txs/ and PROGNOSIS Provides updates, alternative txs, Provides evidence of client s acceptance or refusal of txs. Note phone conversations All records subject to subpoena-all all communications, billing, clinical care. Adverse Events Happen Mistakes will occur British Veterinary Defense Society reported that 78% of first year veterinarians made a mistake What do you do when it happens? What Does A Client Want To Know If An Error Was Made? 1. What Happened? (Tell THE TRUTH!) 2. What Happens Next? (Recommend what is in the best interest of the animal) 3. What will you do to prevent this from happening again 4. APOLOGY (Express empathy!!) 6

7 Recommend a necropsy when the cause of death is in question. AVMA PLIT 49 years of service The PLIT s mission is to provide valuable services that protect the assets and reputations of program participants and enhance the image of the veterinary profession. Veterinarians Serving Veterinarians Veterinarians are Trust Representatives 1. Review EVERY malpractice claim submitted 2. Identify expert witnesses 3. Available to discuss claim and practice situations via toll-free phone call every business day 7

8 Owner s Injury Human injury claims represent 1% of all claims and 4.8 % of the total dollars paid Cat Bites Owner Outcome - Serious infection/tenosynovitisof the hand - permanent disability $80,000 indemnity payment $6,738 in legal defense costs 8

9 More PLIT Benefits Protects you wherever you legally practice Consent to settle clause no claim settled w/out your written consent or a court order Network of attorneys Court costs & fees for attorneys Program s experience covers over 55,000 veterinarians 9

10 Eligible for professional liability insurance AVMA Members SAVMA Members Important Point Individual premiums never go up no matter how many claims submitted AVMA Professional Liability Insurance Trust Professional Liability Animal Bailee Student Professional Liability Veterinary License Defense Business Owners Package Worker s Compensation Mobile Practice coverage Employment Practices Liability Personal Lines(Home, Auto) Embryo and Semen Transfer Services 10

11 Negligence Harm to patient Or client COMPLAINT Civil court system Licensing Board Veterinary License Defense Endorsement to your PLIT professional liability policy $69 annual premium Up to $25,000 per year in legal fees to defend complaints against your license AVMA PLIT License Defense responds to complaints against your license provides legal expenses including fees associated with preparing a response letter, conferencing with the licensing agency, and attending hearings. This is an endorsement to the PLIT-sponsored professional liability policy. 11

12 AVMA PLIT Professional Liability The professional liability premiums vary by class. Each class represents a particular animal type: Class I Equine Class II Food Animal Class III Mixed Practice Class IV Small Animal AVMA PLIT Professional Excess additional professional liability limits for practitioners that purchase the highest professional liability coverage plan and would like even more protection. Excess coverage is available up to five million dollars per year (in one million dollar increments). AVMA PLIT Professional Extension (Bailee) Covers damage to animals in your care, custody, and control, resulting from: Fire Wind Theft Escape Flood Vandalism Attack from other animals Many other perils not related to treatment. This is an endorsement to the PLIT-sponsored professional liability policy. 12

13 AVMA PLIT Embryo/Semen Storage provides coverage limits for loss of embryo/semen while in storage or transit This is an endorsement to the PLIT-sponsored professional liability policy. Adverse Results Total Truth to Client Empathy Sympathy y Best Interest of the Patient Continue Communication if Possible Situations That Prompt Claims Negligence Collection Communication Economic Loss 13

14 Claim Reviews Negligence? Inherent Risk? What other information do you need to determine Standard of Care? What was done wrong? What was done right? What could have been done better? What do you tell the owner? Who tells the owner? Who is present? What do you recommend at this point? Give owner s perspective as well as DVM s perspective Most Common Types of SA Claims Miscommunication (informed consent) Misidentification (patient or body part) Sx Complications Anesthetic Complications Dentals Thermal Burns Mis Dx (foreign body, metabolic disease) Lack of Referral Bandage/Cast complications Post op radiographs Urethral tears (during sx, castrations, FUS) Medication complications (NSAIDS) 14