Malpractice Coverage Research Articles

From Operating Room to Courtroom: Analyzing Malpractice Trajectories in Cranial Neurosurgery.

Nearly all neurosurgeons in the United States will be named defendants in a malpractice claim before retirement. We perform an assessment of national malpractice trends in cranial neurosurgery to inform neurosurgeons on current outcomes, trends over time, benchmarks for malpractice coverage needs, and ways to mitigate lawsuits. The Westlaw Edge and LexisNexis databases were searched to identify medical malpractice cases relating to open cranial surgery between 1987 and 2023. Extracted data included date of verdict, jurisdiction, outcome, details of sustained injuries, and any associated award/settlement figures. Of 1550 cases analyzed, 252 were identified as malpractice claims arising from open cranial surgery. The median settlement amount was $950 000 and the average plaintiff ruling was $2 750 000. The highest plaintiff ruling resulted in an award of $28.1 million. Linear regression revealed no significant relationship between year and defendant win (P-value = .43). After adjusting for inflation, award value increased with time (P-value = .01). The most common cranial subspecialties were tumor (67 cases, 26.6%), vascular (54 cases, 21.4%), infection (23 cases, 9.1%), and trauma (23 cases, 9.1%). Perioperative complications was the most common litigation category (96 cases, 38.1%), followed by delayed treatment (40 cases, 15.9%), failure to diagnose (38 cases, 15.1%), and incorrect choice of procedure (29 cases, 11.5%). The states with most claims were New York (40 cases, 15.9%), California (24 cases, 9.5%), Florida (21 cases, 8.3%), and Pennsylvania (20 cases, 7.9%). Although a stable number of cases were won by neurosurgeons, an increase in award sizes was observed in the 37-year period assessed. Perioperative complications and delayed treatment/diagnosis were key drivers of malpractice claims.

A faculty-led resident strike team as a force expander during disaster.

The emergence of the coronavirus disease 2019 (COVID-19) pandemic produced an unprecedented strain on the United States medical system. Prior to the pandemic, there was an estimated 20,000 physician shortage. This has been further stressed by physicians falling ill and the increased acuity of the COVID-19 patients. Federal medical team availability was stretched to its capabilities with the large numbers of deployments. With such severe staffing shortages, creative ways of force expansion were undertaken. New Orleans, Louisiana, was one of the hardest hit areas early in the pandemic. As the case counts built, a call was put out for help. The Louisiana State University (LSU) system responded with a faculty-led resident strike team out of the LSU Health Shreveport Academic Medical Center. Residents and faculty alike volunteered, forming a multispecialty, attending-led medical strike team of approximately 10 physicians. Administrative aspects such as institution-specific credentialing, malpractice coverage, resident distribution, attending physician oversight, among other aspects were addressed, managed, and agreed upon between the LSU Health Shreveport and the New Orleans hospital institutions and leadership prior to deployment in April 2020. In New Orleans, the residents managed patients within the departments of emergency medicine, medical floor, and intensive care unit (ICU). The residents assigned to the medical floor became a new hospitalist service team. The diversity of specialties allowed the team to address patient care in a multidisciplinary manner, leading to comprehensive patient care plans and unhindered team dynamic and workflow. During the first week alone, the team admitted and cared for over 100 patients combined from the medical floor and ICU. In a disaster situation compounded by staff shortages, a resident strike team is a beneficial solution for force expansion. This article qualitatively reviews the first published incidence of a faculty-led multispecialty resident strike team being used as a force expander in a disaster.

Awareness of Health Professional Regulations, Associated Factors, and Malpractice Consequences among Dentists

Introduction: The rising number of complaints against dentists in Saudi Arabia was the main motivator to conduct this study, which aimed to assess the level of knowledge regarding health professional regulations among dentists, identify the associated factors, and explore the consequences of malpractice experience. Methods: This was a cross-sectional study conducted between February and July 2022 among dentists working at public or private dental clinics in Saudi Arabia and who had medical malpractice insurance coverage. To conduct the research, a predestined questionnaire comprised three sections: section 1 included 13 questions aimed to assess the knowledge related to the health professional regulations in Saudi Arabia; section 2 evaluated the most significant changes in providing dental care as a result of complaint experience; and section 3 assessed the impact of the complaint on dentists’ professional practice and physical and psychological conditions. Results: The study included 148 dentists who responded to the questionnaire. The dentists’ median score of their knowledge concerning legal health regulations in Saudi Arabia was 7 (range: 6–9) out of 13. The median score was higher among dentists who had been sued compared with those who had never been sued (8 [IQR: 7–9.75] vs. 7 [IQR: 5.25–9], respectively), although no significant difference was detected (p > 0.05). A significantly higher median score (p = 0.029) was recorded among male dentists (median = 7 [IQR: 6–10]) compared to female dentists (median = 7 [IQR: 5–8]). Conclusion: The overall level of knowledge of dental care legal regulations among the included dentists was good to some extent. Several dentists with a history of malpractice changed their behavior toward patients. This change in behavior was more common among dentists who had been previously sued.

Informed Consent in Mass Vaccination against COVID-19 in Romania: Implications of Bad Management.

Informing patients and obtaining valid informed consent were significant challenges for the COVID-19 immunization program. In Romania, the authorities issued a strategy for activities regarding vaccination against COVID-19, including the informed consent procedure. The lack of legal preparedness was evident when the medical personnel at the vaccination centers were provided with informed consent forms that did not respect the existing legal requirements. In addition, the protocol for persons seeking vaccination stated that the patient was supposed to receive the informed consent form from the receptionist in order to read and sign it. We analyzed the legal implications and the malpractice litigation risk associated with this practice. Due to essential deficiencies and in the absence of an official enactment of new regulations, we conclude that the vaccination consent process did not comply with the legal requirements. Implications include medical personnel's legal liability, loss of malpractice insurance coverage, and public mistrust that may have contributed to a low vaccination rate. Given the potential of future pandemics or other health crises, this may be a valuable lesson for developing better legal strategies.

Military-civilian partnerships and the clinical readiness mission: A preliminary study from the Military Health System and the American College of Surgeons.

The Blue Book , published in conjunction with the Military Health System Strategic Partnership with the American College of Surgeons, serves as a reference manual for institutions wishing to establish a military-civilian partnership (MCP). To evaluate the applicability of the criteria contained in the Blue Book , we created a survey to be distributed to MCP military surgeons and their civilian host champions. E-mail surveys were sent to MCP military surgeons and civilian host champions. Military surgeons were queried about basic demographic information and aspects of the MCP including type, duration of assignment, onboarding, malpractice coverage, and billing for services. We gathered information on the role of military surgeons at the MCP, workload information, and trauma cases. The civilian host champions survey focused on institutional activities including trauma surgical volume, clinical and educational opportunities for the military surgeons, and exposure to research. Military-civilian partnership military surgeons and civilian host champions were questioned on program attributes: administrative support, budget, and profile of the program within the institution. Ten MCP military surgeons and 7 host champions completed surveys. The majority of military surgeons were assigned to the MCP for a 3-year instructor role (90%), and most were trauma surgeons (80%). Clinical activities for the military surgeon were where 60% spent ≥13 weeks annually on trauma. Military surgeons identified host program support in academic growth, deployment preparation, and sense of value at the MCP as positive attributes. Civilian host champions unanimously reported that exposure to research, opportunities to lead trauma teams, dedicated intensive care unit time, and patient volume were positive program attributes. This preliminary survey demonstrates that the criteria put forth in the Blue Book align with experiences of MCP military surgeons and host champions. Continued development of this survey and others like it may be useful in the MCP program selection and evaluation process. Therapeutic/care management; Level V.

The Legal and Socioeconomic Considerations in Spine Telemedicine.

Telemedicine has become indispensable in today's health care because of the recent ongoing COVID-19 crisis. Although it has been beneficial in coping with the pandemic, there is still much uncertainty as to whether it will have a permanent role in treating spine patients. Some of the ongoing legal challenges include patient confidentiality, liability coverage for treating healthcare workers, and financial reimbursements by insurance companies. One of the impediments of telemedicine is its lack of a standard legal framework. Telehealth is currently regulated through a state-based system with each state having its own policy regarding this practice. In addition, each of the components of a virtual visit represent a potential area for legal concerns. Nonetheless, telemedicine has the ability to provide convenient and effective health care to patients. However, the spine surgeon, as well as other physicians, must consider the legal issues along with some socioeconomic factors identified herein. Moreover, without parity and uniformity, the incentive to offer telehealth services decreases. There may be a need for modifications in the law, insurance policies, and medical malpractice coverage to strengthen their support to telemedicine usage. As spine surgeons become more familiarized with the telemedicine framework, its role in patient care will likely expand.

Medical Legal Implications When Providing Emergency Care on a Commercial Flight.

INTRODUCTION: U.S. airlines often request a healthcare professional to volunteer to assist an ill passenger. Litigation from a Good Samaritans care of an in-flight medical emergency (IME) is considered improbable. The 1998 Aviation Medical Assistance Act (AMAA) encourages health care professionals to volunteer with indemnity for standard and good medical care. It does not offer legal or financial assistance. Our review explored the legal support malpractice companies and U.S. airlines provide if litigation is initiated for IME care. Malpractice insurance policies can differ on IME coverage. We found most private practice physicians policies include IME. Medical institutions may have policies restricting their physicians coverage to the institutions location. Those without malpractice coverage will need to retain and pay for a legal defense to demonstrate no gross negligence and no willful misconduct. The physicians, airline crews, and on-ground IME documentation support should be retained by the Good Samaritan especially for a pediatric or adolescent ill passenger. U.S. airlines consider a Good Samaritan medical volunteer as a passenger and do not extend legal assistance. This contrasts with some foreign airlines that do provide liability protection. Knowledge of the malpractice policy IME coverage is essential prior to traveling by air. After completing care for an ill passenger, physicians should generate their medical documentation and request the IME documentation generated by the airline and on-ground medical expert. We also believe U.S. airlines should assume responsibility to provide legal assistance to a Good Samaritan physician in the event of IME litigation.de Caprariis PJ, Di Maio A. Medical legal implications when providing emergency care on a commercial flight. Aerosp Med Hum Perform. 2021; 92(7):588592.

Tackling Another COVID-19 Pandemic Disparity: Distance from Major Academic Medical Centers Encumbers Emergency and Critical Care Physician Surge Capacity.

The COVID-19 pandemic has exposed a number of deficiencies in our US health care system, most notably the disproportionately poor health care outcomes in Latinx and African-American populations.1-3 My experiences over the past two months have shed light on another disparity - the enormous differential in emergency and critical care physician surge capacity between cities with robust medical academic institutions and communities that are situated far away from large medical schools.

Malpractice Law and Psychiatry: An Overview.

Fortunately, psychiatrists are less likely to be sued for malpractice than most physicians in other specialties. However, once sued, psychiatrists must navigate a complicated and nonintuitive legal process. This article reviews the major elements of a malpractice claim, the litigation process in medical malpractice cases, and the common allegations of negligence that are encountered in such cases. The major types of malpractice insurance coverage are reviewed, and recommendations about liability prevention and how to best respond to a malpractice action are presented.

Sociodemographic Characteristics and Job Satisfaction of Psychiatrists in China: Results From the First Nationwide Survey.

The aim of the study was to establish a comprehensive understanding of the sociodemographic characteristics of psychiatrists in China and their working environment and job satisfaction. As part of a national survey, the authors conducted China's first survey in 32 tertiary psychiatric hospitals, including administration of a structured questionnaire for psychiatrists. Participants also completed the Minnesota Satisfaction Questionnaire (MSQ). Of 3,363 surveyed psychiatrists, 2,715 (81%) responded, and 2,602 (77%) completed the survey. Among completers, 58% were women, and 83% were ages 30-49. Significant differences were found in actual and expected monthly income between male and female psychiatrists and across various regions. The mean±SD MSQ score was 71.6±14.3, suggesting moderate job satisfaction. The top three reasons for dissatisfaction were low pay, contentious doctor-patient relationships, and a heavy workload. One-fifth (20%) of participants reported an intention to quit their jobs. MSQ score was significantly associated with younger age, shorter working hours, higher monthly pay, and a smaller gap between expected and actual pay. Being in an administrative position, having medical liability insurance, and not having experienced medical disputes appeared to have a positive impact on job satisfaction. Compared with their international counterparts, psychiatrists in China have a low level of the job satisfaction, especially those in West China. Given China's increasing demand for psychiatric services, policy makers in China urgently need to find ways to improve the job satisfaction of working psychiatrists and should consider enhancements in financial compensation, the working environment, and malpractice insurance coverage.

Abstract: The Plastic Surgeon As Employee

INTRODUCTION: Plastic surgeons endure years of training yet remain poorly equipped to negotiate their first employment contracts. We evaluated elements in typical plastic surgeon employment contracts and assessed their comprehensiveness. METHODS: A 16 question anonymous survey was e-mailed to ASPS members. We sought information such as years in practice, geographic area, practice type, number of surgeons within the practice, and legal standing of partnerships. We asked whether respondents sought legal assistance in negotiating their first employment contract. Respondents were asked how malpractice and disability coverage were obtained. They were asked if options included: compensation incentives; compensation by formula; percentage-based compensation; moving/relocation expenses; student loan forgiveness; signing bonus; expense reimbursements. We asked how content they were with their contracts while allowing commentary. RESULTS: Our survey generated 404 responses. Regional distribution was as follows: West 9.75%; Midwest 27.8%; Northeast 24.3%; South 37.3%. 46.9% reported having been in practice for at least 20 years. 61.4% reported being in private practice; 26.1% reported having been in academia. Regarding practice size, 32.9% worked in a group practice (3 or more surgeons), 22.4% in partnership, and 23.4% in solo practice. For partnerships, 40.7% had made formal legal and 9.28% had made informal arrangements. 64.2% of respondents did not seek legal assistance. 42.9% reported claims-made malpractice coverage; 17.2% tail; 24.4% unspecified coverage; 0.75% had none. 33.4% of respondents reported employer purchased policies, whereas 65.6% purchased their own. 72.9% indicated having “own occupation” disability coverage. 7% of respondents reported inflation-adjusted salaries of $100,000-$150,000, 23% each for $151,000-$200,000 and $201,000-$250,000, 19% for $250,000-$300,000, 15% for $301,000-$400,000, and 12% in excess of $400,000. For options, 39.3% reported compensation incentives, 14.6% compensation by formula, 13.9% percentage-based compensation, 29.0% moving/relocation expenses, 1.26% student loan forgiveness, 8.31% signing bonus, and 46.1% expense reimbursements; 31.0% indicated that none applied. Using a five-point scale, 9.46% reported being “extremely dissatisfied” with their first contracts (score of 1); 24.1% were “perfectly happy” (score of 5). 311 respondents offered advice, with themes including seeking legal counsel, cautioning against non-compete clauses, seeking mentorship, and considering eventual solo practice. CONCLUSION: As healthcare evolves, new plastic surgeons will be employed by institutions. Our results reveal critical elements that should be negotiated to ensure smooth transition to practice. We advise seeking an attorney familiar with the profession to protect surgeons’ interests. REFERENCES: 1. Korman JM, Furnas HJ. The business of plastic surgery: navigating a successful career. Singapore: World Scientific; 2010. 2. Koltz PF, Frey JD, Sbitany H, et al. Employment Satisfaction in Plastic and Reconstructive Surgery and Its Influence on Graduating Residents in an Evolving Health Care Climate. Plast Reconstr Surg. 2015 Jul;136(1):96e-105e. 3. Chen JT, Girotto JA, Kitzmiller WJ, et al. Academic plastic surgery: faculty recruitment and retention. Plast Reconstr Surg. 2014 Mar;133(3):393e-404e. 4. Satiani B, Nair DG, Starr JE, Samson RH. Essentials of negotiating for employment in a changing environment. J Vasc Surg. 2014 Jul;60(1):253–9. 5. Graebner NK. Perils, pitfalls, and benefits of a surgeon as a health system employee: the contracting process. Am Surg. 2011 Jun;77(6):669–74.

Military Neurosurgery: A Range of Service Options.

The pathway to military neurosurgical practice can include a number of accession options. This article is an objective comparison of fiscal, tangible, and intangible benefits provided through different military neurosurgery career paths. Neurosurgeons may train through active duty, reserve, or civilian pathways. These modalities were evaluated on the basis of economic data during residency and the initial 3 years afterwards. When available, military base pay, basic allowance for housing and subsistence, variable special pay, board certified pay, incentive pay, multiyear special pay, reserve drill pay, civilian salary, income tax, and other tax incentives were analyzed using publically available data. Civilians had lower residency pay, higher starting salaries, increased taxes, malpractice insurance cost, and increased overhead. Active duty service saw higher residency pay, lower starting salary, tax incentives, increased benefits, and almost no associated overhead including malpractice coverage. Reserve service saw a combination of civilian benefits with supplementation of reserve drill pay in return for weekend drill and the possibility of deployment and activation. Being a neurosurgeon in the military is extremely rewarding. From a financial perspective, ignoring intangibles, this article shows most entry pathways with initially modest differences between the cumulative salaries of active duty and civilian career paths and with higher overall compensation available from the reserve service option. These pathways become increasingly discrepant over time as civilian pay greatly exceeds that of military neurosurgeons. We hope that those curious about or considering serving in the United States military benefit from our accounting and review of these comparative paths. FAP, Financial Assistance ProgramNADDS, Navy Active Duty Delay for SpecialistsTMS, Training in Medical Specialties.

Assessing The Impact Of Medical Malpractice Awards, Tort Reform, And Investment Returns Upon Medical Malpractice Insurance Premiums

<p>For most doctors, obtaining medical malpractice insurance coverage each year represents a significant expense. During the past three decades, researchers have developed several competing theories to explain changes in the cost of obtaining medical malpractice insurance in the United States. This article focuses on the relationship, on a nationwide basis, between medical malpractice awards, the presence of tort reform, investment returns by insurers, and the impact of each upon the cost of obtaining medical malpractice insurance. The results of a multivariate equation are then used to analyze the relative impacts of these competing theories.</p>

Psycho-oncology via telemedicine: A model to provide services to a rural population.

236 Background: The Midwest Cancer Alliance (MCA), the outreach arm of the University of Kansas Cancer Center, developed psycho-oncology services over videoconferencing in partnership with its rural members. The collaborative goal is to address patient-identified psychosocial needs that are not currently being met in the communities. Methods: Following telemental health best practices, MCA personnel, rural site leaders, local oncology and behavioral health teams, and telemedicine staff collaborated closely to establish the service. They developed detailed protocols related to: referral and scheduling; technical training and support; paperwork; videoconferencing sessions; post-visit follow-up/documentation; and emergency management procedures. Attention was given to: confidential space; equipment to meet therapy needs; the telemedicine coordinator’s role; and completion of professional requirements (e.g., licensing, credentialing, malpractice coverage). Results: Credentialing, site implementation, and patient recruitment took longer than anticipated. To date, 15 patient visits have occurred through the psycho-oncology service across two rural sites. Worsening illness has impacted referrals as well as retention in therapy. Videoconferencing services have approximated onsite psycho-oncology strategies, with focus on evidence-based care. In general, patients have had advanced medical illness as well as significant premorbid psychosocial difficulties, such as mood disorders, substance abuse history, and relationship problems. Basic challenges to care have remained, including lack of consistent transportation. The telepsychologist’s role in relation to the rural medical team expectations is still evolving. Conclusions: The early lessons learned will continue to strengthen the psycho-oncology service as videoconferencing services expand in order to increase access. Ongoing, site-specific needs assessment remains essential, as “one size does not fit all.” Future plans include improving recruitment by coordinating referrals with distress screening. In order to provide sites with maximum flexibility, new methods of communication will be offered as they become available.

Should Nurse Practitioners Who Are Covered by Large Group Malpractice Plans Also Maintain Their Own Malpractice Coverage?

Should Nurse Practitioners Who Are Covered by Large Group Malpractice Plans Also Maintain Their Own Malpractice Coverage?

Malpractice claims for endoscopy

To summarize the magnitude and time trends of endoscopy-related claims and to compare total malpractice indemnity according to specialty and procedure. We obtained data from a comprehensive database of closed claims from a trade association of professional liability insurance carriers, representing over 60% of practicing United States physicians. Total payments by procedure and year were calculated, and were adjusted for inflation (using the Consumer Price Index) to 2008 dollars. Time series analysis was performed to assess changes in the total value of claims for each type of procedure over time. There were 1901 endoscopy-related closed claims against all providers from 1985 to 2008. The specialties include: internal medicine (n = 766), gastroenterology (n = 562), general surgery (n = 231), general and family practice (n = 101), colorectal surgery (n = 87), other specialties (n = 132), and unknown (n = 22). Colonoscopy represented the highest frequencies of closed claims (n = 788) and the highest total indemnities ($54 093 000). In terms of mean claims payment, endoscopic retrograde cholangiopancreatography (ERCP) ranked the highest ($374 794) per claim. Internists had the highest number of total claims (n = 766) and total claim payment ($70 730 101). Only total claim payments for colonoscopy and ERCP seem to have increased over time. Indeed, there was an average increase of 15.5% per year for colonoscopy and 21.9% per year for ERCP after adjusting for inflation. There appear to be differences in malpractice coverage costs among specialties and the type of endoscopic procedure. There is also evidence for secular trend in total claim payments, with colonoscopy and ERCP costs rising yearly even after adjusting for inflation.

First employment characteristics for the 2011 pediatric surgery fellowship graduates

PurposeInformation regarding initial employment of graduating pediatric surgery fellows is limited. More complete data could yield benchmarks of initial career environment. MethodsAn anonymous survey was distributed in 2011 to 41 pediatric surgery graduates from all ACGME training programs interrogating details of initial positions and demographics. ResultsThirty-seven of 41 (90%) fellows responded. Male to female ratio was equal. Graduates carried a median debt of $220,000 (range: $0–$850,000). The majority of fellows were married with children. 70% were university/hospital employees, and 68% were unaware of a business plan. Median starting compensation was $354,500 (range: $140,000–$506,000). Starting salary was greatest for >90% clinical obligation appointments (median $427,500 vs. $310,000; p=0.002), independent of geographic location. Compensation had no relationship to private practice vs. hospital/university/military position, coastal vs. inland location, and practice sites number. Median clinical time was 75% and research time 10%. 49% identified a formal mentor. Graduates covered 1–5 different offices (median 1) and 1–5 surgery sites (median 2). 60% were satisfied with their compensation. ConclusionRecent pediatric surgery graduates are engaged mainly in clinical care. Research is not incentivized. Compensation is driven by clinical obligations. Graduates have limited knowledge of the business plan supporting their compensation, nature of malpractice coverage, and commitments to resources including research. Graduates have important fiscal and parenting obligations.

The Impact of Health Care Economics on Surgical Education

Just like the world economy in 2012, health care is in a state of flux. The current economic environment will impact not only current colorectal surgery residents, but also future generations of surgical trainees. To understand the economic impact of the current health care environment on colorectal surgery residencies, we need to know the basics of graduate medical education (GME) funding for all residents. Since the 1960s with the initiation of Medicare, the federal government through the Center for Medicare and Medicaid Services (CMS) has been the largest source of GME funding. There are two types of costs associated with GME. Direct GME (DME) funding covers costs directly attributed to the training of residents. These costs include residents' stipends, salaries, and benefits; cost of supervising faculty; direct program administration costs; overhead; and malpractice coverage. Indirect GME (IME) costs are payments to hospitals as an additional or add-on payment for the increased cost of care that is generally found in teaching hospitals. In 2010, President Barak Obama signed into law H.R. 3200, the Patient Protection and Affordable Care Act (PPACA). In 2011, the Supreme Court held that the majority of the PPACA is constitutional. Although the true impact of this bill is unknown, it will change the formula for Medicare GME reimbursement as well as shift unused residency positions to primary care.

Nurse‐Midwives in Federally Funded Health Centers: Understanding Federal Program Requirements and Benefits

Midwives are working in federally funded health centers in increasing numbers. Health centers provide primary and preventive health care to almost 20 million people and are located in every US state and territory. While health centers serve the entire community, they also serve as a safety net for low-income and uninsured individuals. In 2010, 93% of health center patients had incomes below 200% of the Federal Poverty Guidelines, and 38% were uninsured. Health centers, including community health centers, migrant health centers, health care for the homeless programs, and public housing primary care programs, receive grant funding and enjoy other benefits due to status as federal grantees and designation as federally qualified health centers. Clinicians working in health centers are also eligible for financial and professional benefits because of their willingness to serve vulnerable populations and work in underserved areas. Midwives, midwifery students, and faculty working in, or interacting with, health centers need to be aware of the regulations that health centers must comply with in order to qualify for and maintain federal funding. This article provides an overview of health center regulations and policies affecting midwives, including health center program requirements, scope of project policy, provider credentialing and privileging, Federal Tort Claims Act malpractice coverage, the 340B Drug Pricing Program, and National Health Service Corps scholarship and loan repayment programs.

The Clinical Ethics Consultant: Verifying the Qualifications of a New Type of Practitioner in a Community Hospital

Ethics consultation has been occurring in various forms within hospitals for more than 30 years. These consultations constitute a clinical act, and as such, the qualifications of those who provide them must be verified by the hospitals at which the ethics consultants practice. The clinical nature of the practice exposes the participants to malpractice liability. The field of medical ethics has struggled to provide a clear set of knowledge and skills that characterize its practitioners. Hospitals are faced with the immediate task of assessing the qualifications of and ensuring malpractice coverage for individuals providing clinical ethics consultation. We offer one example of how a community hospital has addressed this challenge.