CAP members face a variety of challenges in their medical practice in addition to lawsuits by patients. CAP members may also encounter Medical Board inquiries, regulatory investigations or complaints about Medicare/Medicaid fraud or abuse, and even discrimination lawsuits brought by former or current employees.

If there is a list somewhere of phrases that will spur disagreement among physicians, certainly “curbside consult” would be included. One case shows how easy access to electronic health records can affect how involved a physician will be perceived in a particular case. A young mother was on hospital premises with her son, who was being treated for Mast Cell Activation Syndrome. The mother began to experience acute illness and self-injected two doses of epinephrine, which she carried because of her own history of anaphylaxis.

According to the Medical Board of California 2017-2018 Annual Report, the Board’s Enforcement Program received 10,188 complaints against physicians, surgeons, and unlicensed individuals. This reflects an increase of 1,269 complaints (nine percent) over the prior fiscal year. The Board also referred 504 cases to the Attorney General for further action, an increase of more than 18 percent over the prior year.

What do you do when a patient comes into your office with a dog? Tell them to leave? Allow the dog no matter what? The answer is that it depends. Service dogs are governed by the Americans with Disabilities Act (ADA), the California Disabled Persons Act (CDPA), the Unruh Civil Rights Act, and the Fair Employment and Housing Act (FEHA). 

CAP announced the release of its newest data study, A Focused Review of Radiology Closed Claims. While the central theme of the study is radiology, the data will be valuable to any practice that regularly utilizes radiology services. It is currently available for free here.