Risk Management

Tip

Sometimes criticism of another provider’s care, even if it is unintentional, can be the motivating factor in a medical malpractice action being initiated. Patients often take such criticism to heart and feel that if another physician’s care would have been different, then the treating physician somehow failed to treat them properly. This feeling is especially prevalent when the patient has experienced a bad outcome. They are looking for a reason, or someone, to blame for their experience. Criticism of the treating physician’s care, or lack thereof, often provides the patient with such a reason.

If you have an unexpected outcome, concerns regarding care given by another practitioner or other patient care concerns, we encourage you to utilize the peer review process rather than making comments to the patient. The peer review process provides a confidential forum for physicians to discuss and evaluate patient care. It enables members to engage in open, frank discussions about specific incidents without fear that the information will be used against them in the event of a lawsuit.

The peer review process is afforded legal protection because it is such a valuable tool in identifying patient care concerns and preventing their re-occurrence. As such, information gathered through the peer review process is confidential and cannot be obtained by subpoena or used in medical malpractice proceedings. In 1995, Oregon extended such protection to physician groups or clinics who choose to participate in peer review with ORS 41.675. A copy of the statute is available, upon request, from our office. The law protects discussions and information gathered by the committee, rather than discussions by individual members. Thus, all sharing of confidential information should be done in a formal committee meeting.

To enjoy the full benefit of peer review protection, a properly structured peer review committee with appropriately appointed members must be formed. The committee should maintain a predetermined schedule and allow for ad hoc meetings as needed. A meeting notebook to record the date, time and subject of each meeting should also be kept. If issues involve a physician outside of the facility be sure to notify that person of the meeting and invite them to attend.

Remember: Utilize the peer review process any time there is a quality of care issue that needs to be addressed.

Phone: 503-371-8228 or 1-800-243-3503
Email info@npictdc.com
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2965 Ryan Drive S.E., Salem, Oregon 97301