FRIDAY, DECEMBER 6, 2019

Liability Prevention for Physicians, Nurse Practitioners, and Other Healthcare Professionals

SATURDAY, DECEMBER 7, 2019

Physicians, Nurse Practitioners, and Other Healthcare Professionals in Court: A Survival Guide

Course Directors

Clyde Bergstresser, JD, David Gould, JD, Thomas G. Gutheil, MD, Mark J. Hauser, MD, James Hilliard, JD, and Lawrence E. Lifson, MD

FRIDAY, DECEMBER 6, 2019
Liability Prevention for Physicians, Nurse Practitioners, and Other Healthcare Professionals

This course focuses on the major risk management areas and legal pitfalls encountered in current everyday clinical practices and on enduring principles and practices for managing these risks. The course teaches risk management principles and current developments in liability prevention. The course reviews the latest liability prevention data and its implications for clinical practice as well as solution strategies for health care professionals. Current concepts in malpractice prevention and “hot spots” in risk management are emphasized including the best ways to diminish risks associated with documentation and informed consent. Clinician “burnout” and how it affects clinical practice will be discussed as well as how “burnout” increases malpractice and licensing board risks. The course will instruct about the risks incurred from the use of the electronic medical record, increased use of email communications, telemedicine and their implications for practitioners. Particular emphasis will be given to the increasing role of telemedicine in clinical practice and the liability risks associated with its practice. Issues facing clinicians regarding the opioid crisis under both State and Federal Laws will be discussed. Risks associated with “curbside” consultation and supervision of trainees will be highlighted. Risks other than malpractice, such as State Medical Licensing Boards will be emphasized and legal responsibilities regarding the new Prescription Monitoring Program will be explained. Strategies for communication when adverse events occur and the merits of a communication, apology and resolution approach will be reviewed. Distinctive features of this course include vantage points of practicing clinicians, insurers, and plaintiff and defense attorneys. The format incorporates time for lecture, panel discussions and Q&A with the faculty.

This course is specifically designed for Physicians, Nurse Practitioners, Physician Assistants, Psychologists and Risk Managers and will be of paramount usefulness for them.

  • Preventing malpractice suits
  • Malpractice “hot spots”
  • Email communication risks
  • Electronic medical record risks
  • Telemedicine Risks
  • Terminating with patients
  • Opioid crisis effects on prescribers
  • Certifying for medical marijuana
  • Board of Registration of Medicine risks
  • Documentation and informed consent
  • Prescription Monitoring Program
  • Strategies for Communication, Apology, and Resolution
  • Curbside Consultations
  • Supervisor liability for trainees
  • Plaintiff and defense attorneys’ tips

Learning Objectives

This course is designed so that participants will be able to:

  • Describe the essentials of risk management in medical & surgical care, and psychiatric practices;
  • Diagnose clinician burnout and how it negatively affects clinical practice;
  • Outline risk of telemedicine, email communications, and electronic medical record;
  • Document with diminished liability risks;
  • Review risk data from the malpractice insurer;
  • Assess the implications of evolving law related to the opioid crisis;
  • Describe risks related to your licensing board;
  • Discuss liability issues pertaining to the prescription monitoring program;
  • Review strategies for improved communication when things go wrong;
  • Assess risks in supervising trainees;
  • Discuss strategic tips about liability protection from both plaintiff’s attorney and defense attorney and practicing clinician;
  • Explain informed consent as a process rather than a signed form;
  • Distinguish between curbside vs. formal consultation and understand their benefits and risks.

SATURDAY, DECEMBER 7, 2019
Physicians, Nurse Practitioners, and Health Care Professionals in Court: A Survival Guide

It is increasingly common for a practicing clinician to be deposed or appear in the courtroom in one capacity or another. This often engenders anxiety and uncertainty, especially in the role of the defendant. This course teaches the clinician the tactics and tips to be most successful while giving a deposition or being on the witness stand. Benefits of having a personal attorney are explained. Instruction is also provided regarding amount and type of insurance coverage. Clinicians participating in this program learn how to effectively and positively influence the jury. This course also enables the clinician to benefit from suggestions and recommendations offered by plaintiff and defense attorneys regarding how one prevails in preparing for the courtroom and being on the witness stand. An exceptional feature of this course is the mock trial demonstration, during which the faculty will illustrate critical components of survival in the courtroom. The course format incorporates time for lecture, panel discussions and Q & A with the faculty.

This course is specifically designed for Physicians, Nurse Practitioners, Physician Assistants, Psychologists and Risk Managers and will be of paramount usefulness for them.

  • Preventing malpractice suits
  • Malpractice “hot spots”
  • Email communication risks
  • Electronic medical record risks
  • Telemedicine Risks
  • Opioid crisis effects on prescribers
  • Board of Registration of Medicine risks
  • Documentation and informed consent
  • Prescription Monitoring Program
  • Strategies for Communication, Apology, and Resolution
  • Curbside Consultations
  • Supervisor liability for trainees
  • Plaintiff and defense attorneys’ tips

Learning Objectives

This course is designed so that participants will be able to:

  • Develop strategies to reduce the likelihood of appearing in court and how to prevail if sued;
  • Evaluate survival techniques for giving depositions and taking the witness stand;
  • Demonstrate how to testify in court and effectively and positively influence the jury;
  • Recognize the role of expert witness testimony;
  • Appreciate the role of personal counsel;
  • Summarize types and correct amount of insurance coverage;
  • Collaborate effectively with attorneys as treating physicians, expert witnesses, or defendants;
  • Apply new skills to master courtroom challenges, and be more prepared to work with attorneys.

Target Audience

  • Physicians
  • Pharmacists
  • Psychologists
  • Physician Assistants
  • Nurses
  • Nurse Practitioners

Accreditation

The Harvard Medical School is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians.

The Harvard Medical School designates this live activity for a maximum of 14.00 AMA PRA Category 1 Credits™. Physicians should claim only the credit commensurate with the extent of their participation in the activity.

  • Liability Prevention for Physicians, Nurse Practitioners, and Health Care Professionals:
  • A maximum of 7.0 AMA PRA Category 1 Credits™.
  • Physicians, Nurse Practitioners, and Health Care Professionals in Court: A Survival Guide:
  • A maximum of 7.0 AMA PRA Category 1 Credits™.

The Royal College of Physicians and Surgeons of Canada recognizes conferences and workshops held outside of Canada that are developed by a university, academy, hospital, specialty society or college as accredited group learning activities.

Through an agreement between the American Medical Association and the European Union of Medical Specialists, physicians may convert AMA PRA Category 1 Credit™ to an equivalent number of European CME Credits® (ECMECs®). Information on the process of converting AMA PRA Category 1 Credits™ to ECMECs® can be found at: www.eaccme.eu.

Risk Management Credits: This activity meets the criteria of the Massachusetts Board of Registration in Medicine for 14.00 Risk Management Study. This includes .50 credits in Opioid Education and Pain Management training. Please check your individual state licensing board requirements before claiming these credits.

Continuing Education Credits for Nurses: This activity has been submitted to ANA Massachusetts for approval to award contact hours. ANA Massachusetts is accredited as an approver of continuing nursing education by the American Nurses Credentialing Center’s Commission on Accreditation. For more information regarding contact hours, please call  617-754-1265 or email jflynn2@bidmc.harvard.edu.

ABMS/ACGME Competencies

This course is designed to meet the following American Board of Medical Specialties (ABMS)/Accreditation Council for Graduate Medical Educational (ACGME) competencies:

  • Interpersonal and communication skills;

IOM Competencies

This course is designed to meet the following Institute of Medicine Competencies:

  • Apply Quality Improvement

Schedule

Friday, December 6, 2019
Liability Prevention for Physicians, Nurse Practitioners, and Other Health Care Professionals
7:30 am - 8:00 am Registration
8:00 am - 8:15 am Welcome and Course Overview
David Gould, MD
8:15 am - 9:00 am Current Essentials of Risk Management
David Gould, MD and James Hilliard, JD
9:00 am - 9:30 am “Burnout”: How it Negatively Affects Clinical Practice and Increases Liability Risks
Tim Havens, MD
9:30 am - 10:15 am When Things Go Wrong:
Helpful Strategies for Communication, Apology and Resolution

Stephen D. Brown, MD
10:15 am - 10:45 am Coffee Break
10:45 am - 11:30 am
  1. Telemedicine and Email Risks;
  2. Risks other than Malpractice: State Licensing Boards Minefields
  3. Prescription Monitoring Program and the Important “Notebook” to Save your Practice
James T. Hilliard, JD
11:30 am - 12:00 pm Panel Discussion with Questions and Answers
Stephen D. Brown, MD, Tim Havens, MD, David Gould, MD and James Hilliard, JD
12:00 pm - 1:15 pm Lunch (on your own)
1:15 pm - 1:45 pm Informed Consent and Documentation: Avoiding the Risk Hot Spots
Thomas G. Gutheil, MD
1:45 pm - 2:15 pm Risk Avoidance: A Surgeon’s Perspective
David Brooks, MD
2:15 pm - 2:45 pm The Opioid Crisis: A Provider’s Dilemma
Edgar L. Ross, MD
2:45 pm - 3:00 pm Coffee Break
3:00 pm - 4:45 pm
  1. Supervisor Liability for Nurse Practitioners, Physician Assistants, Residents and Medical Students
  2. Liability Risks in Curbside Consults
  3. Risks Other than Malpractice: Issues and Risks Related to Your Licensing Board
Clyde Bergstresser, JD and David Gould, JD
4:45 pm - 5:15 pm Panel Discussion with Questions and Answers
Clyde Bergstresser, JD, David Brooks, MD and David Gould, JD, Thomas G. Gutheil, MD, and Edgar L. Ross, MD
5:15 pm Adjourn
Saturday, December 7, 2019
Physicians, Nurse Practitioners, and Health Care Professionals in Court: A Survival Guide
7:30 am - 8:00 am Registration
8:00 am - 8:15 am Welcome and Course Overview
David Gould, JD
8:15 am - 9:45 am Being Deposed: How to Prepare and Prevail
  • The Perspective of the Defense Attorney
  • David Gould, JD
  • The Perspective of the Deponent
  • Thomas G. Gutheil, MD
  • The Perspective of the Plaintiff’s Attorney
  • Clyde Bergstresser, JD
9:45 am - 10:15 am Coffee Break
10:15 am - 11:45 am The Defendant and Expert Witnesses on the Witness Stand: Perils, Pearls, and Possibilities
  • The Perspective of the Defendant
  • Thomas G. Gutheil, MD
  • The Perspective of the Plaintiff’s Attorney
  • Clyde Bergstresser, JD
  • The Perspective of the Defense Attorney
  • David Gould, JD
11:45 am - 12:15 pm Faculty and Audience Discussion
David Gould, JD, Clyde Bergstresser, JD, Thomas G. Gutheil, MD
12:15 pm - 1:30 pm Lunch (on your own)
1:30 pm - 2:15 pm
  1. Handling the Risks of a Judgement in Excess of your Insurance Coverage
  2. Benefits of a Personal Attorney
Clyde Bergstresser, JD and David Gould, JD
2:15 pm - 3:00 pm How the Doctor or Nurse Practitioner Can Positively Influence the Jury:
What the Very Encouraging Research Reveals

Linda Crawford, JD
3:00 pm - 3:10 pm Read “Anatomy of Case”
3:10 pm - 4:00 pm Mock Trial Demonstration
  • Defendant Jerry M. Blaine, MD
  • Plaintiff’s Attorney Clyde Bergstresser, JD
  • Defendant Attorney David Gould, JD
  • Presiding Judge The Honorable Gregg J. Pasquale
4:00 pm - 4:15 pm Coffee Break
4:15 pm - 4:30 pm Mock Trail Demonstration Wrap-up Jerry M. Blaine, MD, Clyde Bergstresser, JD, David Gould, JD, The Honorable Gregg J. Pasquale
4:30 pm - 4:45 pm The Clinician in Court: A View from the Bench
The Honorable Gregg J. Pasquale
4:45 pm - 5:15 pm Panel Discussion with Questions and Answers
Jerry M. Blaine, MD, Clyde Bergstresser, JD, Linda Crawford, JD, David Gould, JD, and The Honorable Gregg J. Pasquale
5:15 pm Adjourn

Faculty

Clyde Bergstresser, JD: Founding member of Bergstresser and Pollock, PC, Boston, MA; Fellow of the American College of Trial Lawyers.
Jerry M. Blaine, MD: Assistant Clinical Professor of Medicine, Tufts University School of Medicine.
David Brooks, MD: Associate Professor of Surgery; Brigham and Women’s Hospital.
Stephen D. Brown, MD: Associate Professor of Radiology, Harvard Medical School; Director, Institute for Professionalism and Ethical Practice, Boston Children’s Hospital.
Linda S. Crawford, JD: Linda Crawford and Associates; Instructor in Trial Advocacy Workshops, Harvard Law School; Consulting Editor, Medical Malpractice Law and Strategy.
David Gould, JD: Senior Partner, Ficksman & Conley, LLP, Boston, MA: Fellow of the American College of Trial Lawyers.
Thomas G. Gutheil, MD: Professor of Psychiatry, Harvard Medical School; Co-Founder, Program in Psychiatry and the Law, Beth Israel Deaconess Medical Center; Past President of the American Academy of Psychiatry and the Law; Past President of the International Academy of Law and Mental Health; Author, The Psychiatrist in Court: A Survival Guide; The Psychiatrist as Expert Witness and Co-author, Mastering Forensic Psychiatric Practice: Advanced Strategies for the Expert Witness; Co-author, The Clinical Handbook of Psychiatry and the Law.
Mark J. Hauser, MD: Lecturer in Psychiatry, (part time), Harvard Medical School; Webmaster, Program in Psychiatry and Law, Beth Israel Deaconess Medical Center. Past President, Massachusetts Psychiatric Society.
Tim Havens, MD: Lecturer on Psychiatry (part-time), Harvard Medical School; Senior Vice President of the Levinson Institute; he has held many medical leadership roles, and directs the program on Leadership for Physician Executives for Harvard Medical School, Department of Continuing Education.
James T. Hilliard, JD: Assistant Professor of Psychiatry (Legal Medicine) Harvard Medical School (Part-time) and co-author of Essentials of Massachusetts Mental Health Law: A Straightforward Guide for Clinicians of All Disciplines.
Lawrence E. Lifson, MD: Lecturer on Psychiatry, Harvard Medical School; Director, Continuing Education Program at Beth Israel Deaconess Medical Center; Distinguished Life Fellow, American Psychiatric Association; Recipient, Massachusetts Psychiatric Society’s, 2012 Outstanding Psychiatrist in Education Award; 2018 Recipient of American Psychoanalytic Association’s Edith Sabshin Teaching Award, Editor, Understanding Therapeutic Action: Current Concepts of Cure and The Mental Health Practitioner and the Law; and Psychology of Investing.
The Honorable Gregg J. Pasquale: Associate Justice, Superior Court, Commonwealth of Massachusetts.
Edgar L. Ross, MD: Associate Professor of Anaesthesia, Harvard Medical School; Director, Pain Management Center at Brigham and Women’s Hospital.

Registration

*All fees shown in USD Physicians, Attorneys and Doctoral-Level Professionals Nurse Practitioners, Other Healthcare Professionals, Residents, Fellows and Trainees
FULL COURSE

FRIDAY, DECEMBER 6, 2019

Liability Prevention for Physicians,
Nurse Practitioners, and Other Healthcare Professionals

SATURDAY, DECEMBER 7, 2019
Physicians and Health Care
Professionals In Court: A Survival Guide
$695$495
FRIDAY, DECEMBER 6, 2019 ONLY
Liability Prevention for Physicians,
Nurse Practitioners, and Other Healthcare Professionals
$395 $300
SATURDAY, DECEMBER 7, 2019 ONLY
Physicians and Health Care
Professionals In Court: A Survival Guide
$395 $300
*Add processing fee (non-refundable) $10 $10

All course participants receive a flash drive that contains all of the course materials. You can purchase a printed copy of these materials at the time of online registration for $35. Please note that we will not have hard copies of the syllabus available for purchase at the course.

Registration by credit card (VISA, MasterCard or American Express) or check can be made through Harvard Medical School’s secure online registration system at https://cmeregistration.hms.harvard.edu/d/lyqk69/4W Registration by check (draft on a United States bank), please make payable to Harvard Medical School. Learners who choose to pay by check will be prompted to download an online form to send in with a payment. Telephone or fax registration is not accepted. Registration with cash payment is not permitted. Upon receipt of your paid registration, you will receive an email confirmation. Be sure to include an email address that you check frequently. Your email address is used for critical information including registration confirmation, evaluation and certificate. *All fees shown in USD. Processing (non-refundable service fee) $10.

INQUIRIES

By phone 617-384-8600, Monday-Friday, 9 am to 5 pm (EST) or by email at: ceprograms@hms.harvard.edu

DISCLOSURE POLICY

Harvard Medical School (HMS) adheres to all ACCME Accreditation Criteria and Policies. It is HMS’s policy that those who have influenced the content of a CME activity (e.g. planners, faculty, authors, reviewers, and others) disclose all relevant financial relationships with commercial entities so that HMS may identify and resolve any conflicts of interest prior to the activity. These disclosures will be provided in the activity materials along with disclosure of any commercial support received for the activity. Additionally, faculty members have be instructed to disclose any limitations of data and unlabeled or investigational uses of products during their presentations.

DISCLAIMER

CME activities sponsored by Harvard Medical School are offered solely for educational purposes and do not constitute any form of certification of competency. Practitioners should always consult additional sources of information and exercise their best professional judgment before making clinical decisions of any kind.

REFUND POLICY

Refunds, less an administrative fee of $75, will be issued for all cancellations received two weeks prior to the start of the course. Refund requests must be received by email. No refund will be issued should cancellation occur less than two weeks prior. “No shows” are subject to the full course fee and no refunds will be issued once the conference has started

COURSE LOCATION

All sessions for this course will be held at the Fairmont Copley Plaza Hotel, 138 St. James Avenue, Boston, Massachusetts (Telephone: 800-441-1414).

ACCOMMODATIONS AND TRAVEL

A limited number of rooms have been reserved at the Fairmont Copley Hotel (Telephone: 800-441-1414) until November 12, 2019. Please specify you are enrolled in the HMS Risk Management “RISK2019” to receive a reduced room rate. Hotel arrangements can also be made online at: https://book.passkey.com/go/hmsriskmanagement.. Please do not purchase non-refundable airline ticket(s) until you have received an email from our office confirming your paid registration.

Please note only coffee and tea are available during registration and a continental breakfast will be served at the mid-morning break.


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