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Engaging Patients as Partners: Legal Issues in CRPs

Engaging Patients as Partners: Legal Issues in CRPs. William M. Sage, MD, JD The University of Texas at Austin. “Communication and Resolution” Programs. Tell patients what happened Try to put things right Improve safety for the future. Legal Issues Intrude.

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Engaging Patients as Partners: Legal Issues in CRPs

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  1. Engaging Patients as Partners: Legal Issues in CRPs William M. Sage, MD, JDThe University of Texas at Austin

  2. “Communication and Resolution” Programs • Tell patients what happened • Try to put things right • Improve safety for the future

  3. Legal Issues Intrude CRPs convey an ethical and practical commitment from providers to patients, but can be constrained by • Fear of litigation • Barriers to patient participation • Reputational and economic concerns of providers

  4. Liability Reforms:Facilitators or Barriers? • Damage caps • Presuit notification laws • Sovereign and charitable immunities • Apology protection laws • Legal representation of claimants

  5. Related Issues:Regulation and Payment • Malpractice reporting requirements • Peer review/QI privileges • Subrogation and non-payment

  6. Case Study:Confidentiality Clauses in Settlement Agreements • Disclosing settlement amount • Publicity by claimants or attorneys • Disclosing underlying facts • Disclosure by care providers • Complaints to regulators • Effects of Texas tort reform

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