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  • June 11, 2019

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  • Get Personalized Feedback With an ISMIE Risk Assessment

    Page with risk assessment feedbackWant help identifying risk management blind spots and possible litigation landmines in your practice? Call in the experts.

    All ISMIE policyholders are offered the opportunity to undergo an on-site risk assessment, focusing on principles of good risk management and potential litigation risks you may face. In addition to the benefits of avoiding possible lawsuits, eligible policyholders found in substantial compliance with our principles will be awarded a 5% discount for two policy years.

    You can ask for a risk assessment any time, but if you submit your request by our priority deadline of July 1, you’ll get maximum scheduling flexibility. To learn more and request an assessment, visit our website. Remember, you can contact the ISMIE risk management team any time by email or phone at 800-782-4767 ext. 3300. 

  • State Supreme Court Round-Up

    double pan balance scaleISMIE routinely monitors legal happenings across the United States. In recent weeks we’ve seen a mixed bag of high court hijinks. On the positive front, North Dakota physicians have peace of mind knowing the state’s non-economic damages cap remains the law of the land. Unfortunately, Oklahoma health professionals weren’t so lucky when damage caps were narrowly overturned, and Minnesotans saw a doozy of a decision that a doctor-patient relationship isn’t required for a lawsuit! Here’s the scoop. 

    Minnesota: Physicians Can Be Sued Even WITHOUT a Physician-Patient Relationship 

    The Minnesota Supreme Court issued an opinion last month that a physician can be sued by a patient even in the absence of a traditional physician-patient relationship.

    The court held that: 

    1. A physician owes a duty of care to a third party when the physician acts in a professional capacity and it is reasonably foreseeable that the third party will rely on the physician's acts and be harmed by a breach of the standard of care; and 
    2. It was reasonably foreseeable that the patient in this case would rely on the hospitalist's acts and be harmed by a breach of the standard of care.

    The medical community believes this opinion could expose physicians to an uptick in lawsuits.

    North Dakota: A Win! $500,000 Cap on Non-Economic Damages Upheld 

    In April, the North Dakota Supreme Court issued an opinionthat upholds the state’s non-economic damage cap

    In 1995, the North Dakota legislature enacted a law to cap non-economic damages at $500,000. At issue was whether the law violated the equal-protection provisions of the North Dakota constitution. The court ruled that it does not. 

    Oklahoma: Losing a $350,000 Cap on Non-Economic Damages 

    In a 5-4 decision last month, the Oklahoma Supreme Court ruled against upholding the state’s cap of $350,000 on non-economic damages for bodily injury. The reason for the ruling was that the caps only applied when the plaintiff survived the injury, while the estate of a person who died of their injury was not subject to the caps. The majority of the justices held that this different treatment of “similarly situated” people made the law a “special law,” which is impermissible under the Oklahoma constitution, and struck it down.  

  • Telemedicine: Considerations For Keeping Your Patients Safe

    If you’re thinking about integrating telemedicine services into your busy practice, you’ll want to access our on-demand course Telemedicine: Considerations for Keeping Your Patients Safe. This program provides an overview of current risks tied to a telemedicine practice and guides you through approaches to addressing them.

  • Time For a Social Media Checkup?

    physician looking at their phoneHow you communicate with patients electronically – including via email, text message, or social media – can be just as important as how you communicate with them in person. Knowing the rules and best practices for online communications can even help prevent a lawsuit.

     Do’s and Don’ts of E-communication and Social Media is ISMIE Managing Risk coursework that focuses on avoiding potential risks with online communications.  Social Media Guidance for Physicians and Their Practices, made available as a courtesy to ISMIE policyholders from our partners at the Illinois State Medical Society (ISMS), provides detailed policy language and scenarios you can use to evaluate your use of social media.

    Questions? Contact our risk management team by email or by phone at 800-782-4767 ext. 3300.

  • 2018 Risk Management Symposium Content Available On-Demand - Learn Strategies For Resilience At Your Convenience!

    Someone speaking at an eventLast year’s Risk Management Symposium was packed with tools and information, including a session on burnout and resilience in healthcare. If you missed it, here’s some good news: On-demand versions of the courses from the symposium are being posted, and this critically important topic is up first!

    For more than 40 years, ISMIE has been committed to helping physicians stay healthy and maintain balance in their practices and lives. Resilience: Tools and Strategies for Addressing Burnout in Health Care connects the dots on identifying physician burnout and institutional resources that are available to support the wellbeing of our medical workforce. Eligible policyholders may earn Risk Rewards premium discounts as well.

    We are also pleased to announce the date and location for the 2019 Risk Management Symposium! Mark your calendar for November 1, with the event being held in Lombard. Watch for more details and registration information coming soon!

  • They're At It Again...Spoiler Alert

    cartoon of people fighting in a courtroomThreats of legal action are being made against a leaker who recently “spoiled” an epic conclusion in this popular TV program.

    The correct question here, by the way, is “What is Jeopardy?”

    A 32-game winning streak by Jeopardy contestant James Holzhauer was broken recently, but not before he set multiple single-game records for winnings and wound up tantalizingly close to also becoming the winningest Jeopardy contestant ever. The news of his defeat was leaked early, however, and whoever posted the clip online may now face what a show producer called “very, very, very appropriate” action.

    While licensing agreements with local affiliate stations rightly prohibit leaks like these, we’re not sure game shows have quite as much to lose from them as other forms of entertainment.

    Still, if the leaker is found, they’ll likely be taking “legal representation” for a lot more than $1000, Alex.