Editorial: Professional liability in Mississippi.
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Risk management is an active ongoing process for identification and management of possible losses. It is no longer possible, in this day of escalating numbers of suits and escalating dollar amounts for damages, to solely manage this by transfer of liability through insurance. An active program, in order to reduce the potential for liability, needs to be implemented and needs to be continued on an active ongoing basis, even in the freestanding radiation oncology center. This will require expenditure of time and dollars for periodic review by consultants, but will pay handsome rewards by reducing the potential for loss.
In December 1992, the American College of Gastroenterology (ACG) published a legal opinion which had been developed by the nationally renowned litigation law firm, Williams & Connolly, which has long served as ACG's litigation counsel. The opinion set forth potential litigation liabilities/risks that hospitals incur if they are negligent in their credentialing practices and enable undertrained physicians to perform endoscopy in their inpatient and outpatient facilities. The opinion was published as part of a broader joint effort by ACG and the American Society for Gastrointestinal Endoscopy (ASGE) that resulted in ASGE's Guidelines on Appropriate Training for GI Endoscopy together with the legal opinion on undertrained endoscopists being circulated to all of America's hospitals. Much has changed in both the practice of medicine and the law, since 1992. The two societies decided to join forces again to update these materials. The ACG legal opinion was expanded to also provide guidance about liability of insurance plans when they indicate preferences as to where and by whom procedures should be performed. Some of the key findings from the liability update section of this joint effort follow.
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