ABSTRACT

Every physician is concerned to some degree about avoiding involvement in a medical malpractice lawsuit. Any model of medical professionalism should include a plan to reduce both risks by utilization of protocols based on accepted standards of medical training and development of skills for effective patient–physician communication. The legal aspect of the medical profession from physician to health care practitioner is concerned to some degree in avoiding involvement in a medical malpractice lawsuit. Legal provisions may coerce physcians, if the law requires health professionals to report adverse events happening in the course of health care delivery. Transparent disclosure has been shown by multiple studies to be a superb risk management tool; malpractice cases emerge from unanticipated outcomes, but only a small percent result of unexpected consequences produces malpractice cases. Transactions that fall within the jurisdiction of health insurance portability and accountability act guidelines are those that include an exchange of information that occurs in a national health care-regulated setting.