Understand the impact disruptive physicians have on all aspects of the health care delivery process.
The disruptive physician may create numerous organizational issues hindering the ability of the organization and its providers to successfully deliver optimal medical services. This disruptive force may negatively impact the relationships between the organization, its providers, and staff and the patients' impression of the organization after witnessing such disruptive behavior. The result may be diminished quality of care and increased liability resulting from such a toxic environment. Also, it may result in adverse accreditation or licensure issues due to such disruptive conduct. This presentation will assist those in various roles within a health care organization in recognizing what standards professional, accreditation, and licensing organizations mandate be in place to address such problematic behavior. It examines the impact disruptive physicians have on all aspects of the health care delivery process and explores the legal consequences for the organization failing to adequately address the situation. This topic addresses what actions may be legally taken against the disruptive physician while identifying possible liability traps in carrying out such remedies. Finally, it discusses legal mandates that both the health care organization and physician must be cognizant of in the delivery of care and what best practices should be considered by the organization in the event the physician deviates from what is required. This program will provide a platform for health care organizations and their staff to be prepared for and act swiftly to reduce the negative impact such improper behavior may cause while still respecting the rights of the physician.
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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Defining What Constitutes a Disruptive Physician
- American Medical Association
- The Joint Commission
- State Licensing Boards
- Medical Staff Bylaws
Impact of the Disruptive Physician
- Professional Interaction Between Medical Providers, Staff, and Patients
- Examples of Common Disruptive Behavior
- How the Disruptive Physician Impacts Quality of Care
- Possible Liability Created by the Disruptive Physician
Addressing the Disruptive Physician
- The Need to Determine the Cause for the Disruptive Behavior
- Policies and Procedures for Disruptive Behavior
- Medical Staff Versus Employed Physician Concerns
- Peer Review, Administrative Action, and Other Issues
Actions to Take Against the Disruptive Physician
- Remedial Measures, Investigation, Summary Suspension, and the HCQIA
- Employment Considerations
- Credentialing and Other Risk Management Issues
- Potential Liability to the Disruptive Physician for Taking Action
Conclusion
- When Is Enough, Enough for Such Behavior?
- Methods by Which to Limit Liability Related to the Disruptive Physician
- Best Practices in Being Proactive to Address the Situation
- Final Thoughts
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Credits
OnDemand Course
This course was last revised on November 16, 2022.
Call 1-866-352-9540 for further credit information.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 65 Minutes.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Patrick D. Souter
Gray Reed & McGraw LLP
- Of Counsel, Gray Reed & McGraw LLP
- Represents physicians, hospitals, and ancillary providers in operational, regulatory, and administrative matters
- Board Certified in healthcare law by the Texas Board of Legal Specialization
- Adjunct Professor of healthcare studies at Baylor University School of Law and the Baylor University Hankamer School of Business’ Robbins Institute for Health Policy and Leadership
- Frequent speaker to national and local healthcare organizations on physician, hospital, and other provider issues
- Recognized as a leading healthcare lawyer in Texas by Chambers & Partners USA and selected by his peers for inclusion in Woodward/White, Inc.’s The Best Lawyers in America in the field of healthcare law
- Frequent author of books and articles for the American Health Law Association (AHLA) and American Bar Association (ABA), including co-authoring the AHLA’s Representing Physicians, 4th Edition and the ABA’s Physician Law Evolving Trends and Hot Topics (2017- 2022 Editions) and What is ... Medical Staff Peer Review?
- Member of the American Bar Association, Fellow of the American Bar Foundation, State Bar of Texas, American Health Law Association, American College of Healthcare Executives, and Health Care Compliance Association
- LL.M. degree in health law, Hofstra University; J.D. degree, Baylor University School of Law; M.B.A. degree in health services management, University of Dallas; B.B.A. degree in finance, Baylor University Hankamer School of Business
- Can be contacted at [email protected], 214-954-4135, or 1601 Elm Street, Suite 4600, Dallas, TX 75201
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