This post was authored by Richard A. Chazal, MD, FACC.

Medical liability has and continues to be a hot topic for cardiology and physicians in general. A study published in the January 2013 issue of Health Affairs found that the average physician spends 50.7 months, or 11 percent, of their career with an unresolved, open malpractice claim, an allegation of malpractice against a physician and a request for compensation.

On a more granular level, an analysis of 345 closed cardiology claims by The Doctors Company found the most frequent allegation was the failure or delay in diagnosis, followed by improper performance of surgery or a procedure such as cardiac catheterization, cardiac ablation or insertion of permanent pacemakers.

Tips on how to limit medical liability risk and avoid claims are always helpful, particularly given that real medical liability reforms have yet to be implemented by Congress as part of health reform.  Speaking at a special session at ACC.13, Robin Diamond, JD, MSN, RN, chief patient safety officer for The Doctors Company, provided several good tips for avoiding lawsuits. Diamond said she prefers to talk about medical liability in terms of decreasing chance of error, which in turn will decrease chance of injury or harm and ultimately will decrease chance of being sued. The most important thing, she said, is that “no matter how technically skilled, if the patient becomes angry or unhappy about something, chances of a lawsuit increase.”

Some specific tips:

• Practice good communication skills with medical colleagues, as well as patients and their families
• Effectively document
• Be aware of literacy issues
• Ensure medical assistants are functioning within their scope of practice and that allied professionals (ie. NPs and Pas) are practicing within their licensure

David Troxel, MD, medical director for The Doctors Company, also noted that risk evaluation and mitigation strategies (REMS) may be one way moving forward to reduce liability risks. Programs like the PDR Network, of which the ACC is a part, is an example of a REMS program, said Troxel.  He noted that participation in the PDR Network provides automated delivery of FDA-approved drug information and reminders and disease-specific educational information direct to patients via an EHR patient portal. It also provides drug safety and efficacy messaging direct to patients and enhances patient compliance by tracking fill rates and adherence.

Meanwhile, the ACC is partnering with The Doctor's Company on the first ever national program tailored to cardiologists and targeted at reducing risk and premiums specifically for cardiovascular teams. Members participating in the program benefit in a number of ways, including a claims free credit (with rates based on jurisdiction), and 5 percent program discounts for a favorable claims history, MOC participation and participation in the PINNACLE Registry.

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