Professional Liability/Risk Management:
A Manual for Surgeons

by the Professional Liability Committee, American College of Surgeons;
Editor: Paul F. Nora, MD, FACS, 1997
(PRICE: Single copies are $20; orders of 10 or more copies $18/each.)

The second edition of Professional Liability/Risk Management: A Manual for Surgeons has been published by the Professional Liability Committee of the American College of Surgeons. The manual, which was first published in 1991, is designed for practicing surgeons who are seeking guidelines for managing legal risks in the everyday practice of surgery. Professional liability problems that have arisen with the growth of managed care make this expanded edition an especially timely publication. The manual was edited by Paul F. Nora, MD, FACS, Director of the College's Professional Liability Program.

The second edition contains a review of the current tort law and pertinent legal principles on medical malpractice. Included in this section is a discussion of the liabilities associated with the expansion of managed care. A report on the National Practitioner Data Bank and state reporting requirements addresses privilege modification and closed claims indemnification reporting. Tort reform legislation that has been enacted and possible future directions are discussed.

Risk management is defined in the text as a "systematic approach to identifying, evaluating, reducing, or eliminating risk due to an undesirable deviation from an anticipated outcome, thereby preventing the loss of financial assets resulting from injury to patients." The subject is discussed in three separate sections on risk financing (insurance), risk prevention, and loss control.

A chapter on risk prevention clarifies for the surgeon the many areas in which appropriate strategies may negate or lessen the likelihood of adverse legal action, whether factual or unfounded. Special situations—such as those that occur in the office, ambulatory care setting, or department of surgery—are discussed in detail. In addition, special problems faced by residents are addressed, and the process of informed consent is thoroughly explored.

Claims management is discussed in detail in the manual. A review of interrogatories, depositions, and preparation for and behavior during a trial are provided. The options of settlement and appeal are described, along with the protection of the defendant's assets.

The final section of the manual is devoted to the psychological trauma of the litigation process for surgeons, their families, and their patients.

The book's glossary has been expanded to include new terminology commonplace to the ever-changing health care environment.

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The manual can be ordered online.

For further information contact Ruth Shea, ACS Professional Liability Program, rshea@facs.org.

Professional Liability