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Akron Children's > For Healthcare Professionals > Providers > Continuing Professional Development

Grand Rounds: Minimizing Legal Risks: Enhancing Informed Consent, Documentation, Disclosure, and Malpractice Awareness

03-14-2025

By Joseph Palcko and William Meadows , The Cleveland Clinic, Cleveland, OH

Objectives (Educational Content) :

1. Provide insight into the anatomy of a medical malpractice lawsuit. 2. Explain what to expect during a deposition and strategies for improving testimony. 3. Explain recent trends in medical malpractice cases.

Target Audience:

General pediatricians, family physicians, nurse practitioners, physician assistants, social workers, psychologists, and nurses.

Identified Gap:

A recent review of organizational data and stakeholder feedback revealed areas of opportunity related to informed consent practices, documentation consistency, disclosure after adverse events, and awareness of evolving trends in medical malpractice. These gaps expose the medical staff to heightened legal risks, patient dissatisfaction, and potential malpractice claims, underscoring the need for targeted educational interventions. Informed consent is a critical area where deficiencies in communication and documentation can lead to misunderstandings and legal challenges. Strengthening understanding of consent processes ensures that patients are fully informed, reducing liability and improving patient trust. Documentation is another essential element where lapses or inconsistencies have emerged as a recurrent theme in malpractice claims. Comprehensive and accurate documentation serves as a vital defense in legal proceedings, protecting providers and demonstrating adherence to standards of care. The importance of disclosure following adverse events is also paramount. Failure to appropriately disclose such events can erode patient trust, lead to grievances, and increase the likelihood of litigation. Clear, compassionate, and timely disclosure demonstrates accountability and commitment to patient-centered care, which is critical in reducing the risk of legal action. Finally, current trends in medical malpractice show a growing focus on procedural errors, communication breakdowns, inadequate documentation, and lack of proper disclosure. By staying informed of these trends, medical staff can proactively address vulnerabilities and adopt best practices to mitigate risk. This educational session will address these crucial areas, equipping the medical staff with practical strategies to protect their practice, enhance patient care, and reduce the organization’s overall risk of malpractice claims.

Estimated Time to Complete the Educational Activity:

1 hour(s)

Expiration Date for CE/CME Credit:

03-13-2026

Method of Participation in the Learning Process:

The learner will view the presentation, successfully complete a post-test and complete an activity evaluation.

Evaluation Methods:

All learners must successfully complete a post-test, as well as an activity evaluation, to claim CE/CME credit.

Disclosure:

The following presenters have indicated that there are no financial relationships with an ineligible companies: Joseph Palcko William Meadows The following planning committee member has indicated that a financial relationship with an ineligible company: All relationships have been mitigated. The remaining planning committee/CME committee members have indicated that they have no financial relationships with any ineligible companies.

Accreditation Statement:

Akron Children’s Hospital is accredited by the Ohio State Medical Association to provide continuing medical education for physicians.

Akron Children’s Hospital designates this enduring material activity for a maximum of 1.0 AMA PRA Category 1 Credit TM. Physicians should only claim the credit commensurate with the extent of their participation in the activity.

Bibliography:

1.https://www.ama-assn.org/system/files/policy-research-perspective-medical-liability-claim-frequency.pdf

2. Ohio Medical Professional Liability Closed Claim Report (2022)

3. Medical Professional Liability Association. 2019. Data Sharing Project MPL Closed Claims 2016-2018 Snapshot and author's calculations using data from that report.

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