Ep 165 Getting Sued in Emergency Medicine – Practical Tips

If you are an Emergency Physician, the likelihood that you will be named in a civil law suit some time in your career is very high. This is not surprising given the nature of our specialty and that we each take care of thousands of patients over many years of practice. Being prepared for getting sued in Emergency Medicine, understanding the legal process and learning how to cope with getting sued are key in continuing to provide high quality care to your patients and maintaining peace of mind. Hans Rosenberg, our special guest host for this podcast, joins Dr. Janet Nuth, an Emergency Physician in Ottawa and Physician Advisor in Safe Medical Care Learning at the Canadian Medical Protective Association (CMPA) and Ms. Brieanne Brannagan, a litigator specializing in medical defence in Ottawa to answer such question as: How many civil actions against Emergency Physicians does CMPA handle and what have been the outcomes? What are the 4 aspects of medical negligence and the anatomy of a legal action against physicians in Canada? What are the 3 stages of civil action in a medicolegal law suit in Canada? How should you respond when you are served with a medicolegal action? How can you minimize the stress associated with getting sued? What is the role of expert evidence in medical negligence actions? What strategies can we use to lower the risk of getting sued for medical negligence based on CMPA data and ED chiefs' opinions and many more... Podcast production by Hans Rosenberg, sound design by Anton Helman Written Summary and blog post by Hans Rosenberg, February 2022 Cite this podcast as: Rosenberg, H. Nuth, J. Brannagan, B. Getting Sued in Emergency Medicine - Practical Tips. Emergency Medicine Cases. February, 2022.a https://emergencymedicinecases.com/getting-sued-emergency-medicine. Accessed [date] The information shared in this podcast and summary of the podcast is provided for the purposes of general information and education for use only in Canada. The information provided is not intended to provide specific professional medical or legal advice or constitute a standard of care. What is the role of the Canadian Medical Protective Association (CMPA)? The CMPA is a mutual defence organization that represents over 100,000 Canadian physicians (over 95% are members) who's role is to protect the professional integrity of physicians, promote safe medical care, and appropriately compensate patients proven to have been harmed by negligent care. How many civil actions against Emergency Physicians does CMPA handle and what have been the outcomes? Data from 5-year analysis 2016-2020 by CMPA * 11% of all civil actions handled by the CMPA against Canadian physicians involved emergency physicians practicing in EDs totalling 437 civil actions (about 87/year) * Out of these 37 % had an unfavourable legal outcomes for the physician ( lower than average for all CMPA members = 43% ); almost all of these, (36 %), involved settlements * 5% of total emergency medicine actions go to trial The 4 aspects of medical negligence and the anatomy of a legal action against physicians in Canada In civil suits medical negligence must be proven by the plaintiff based on the balance of probabilities rather than beyond a reasonable doubt like in criminal suits and on all of the following (except in Quebec which has 3 aspects - fault, harm and causation): * Duty of Care - usually admitted or not contested and is present even if the patient was not physically assessed by the physician but just gave an opinion over the phone. * Standard of Care - the “reasonable physician” test - care and skill that would normally be expected of a normal prudent practitioner of the same experience and standing (takes into account t...