Deposition Discovery and Your Conduct As a Witness
Deposition preparation, Deposition attitude and conduct, Witnesses and testimony at deposition, Discovery documents in litigation Martha Merrill-Hall Deposition preparation, Deposition attitude and conduct, Witnesses and testimony at deposition, Discovery documents in litigation Martha Merrill-Hall

Deposition Discovery and Your Conduct As a Witness

As a medical professional, you stand a decent chance of being involved in litigation, either directly or by peripheral involvement. Whether you, personally, have been named as a defendant or you were present during a situation deemed a violation of the standards of practice, being called to deposition can be a disturbing experience.

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What Does Standard of Care Really Mean? An Additional Clarification of Terms
Standards of Care Proper Use, Court interpretations of care standards, Reasonable person standards at trial, Medical standards of care, How courts treat standards at trial Martha Merrill-Hall Standards of Care Proper Use, Court interpretations of care standards, Reasonable person standards at trial, Medical standards of care, How courts treat standards at trial Martha Merrill-Hall

What Does Standard of Care Really Mean? An Additional Clarification of Terms

A majority of individuals, from most professions, do not have a clear understanding regarding Standard of Care. The first thing to understand is that standard of care is a legal term. It is not a medical term.

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Cheating On Call
CNM on-call liability, Failure of duty Martha Merrill-Hall CNM on-call liability, Failure of duty Martha Merrill-Hall

Cheating On Call

I have never encountered anyone that actually enjoyed taking call, especially at night. Although this dedicated time probably represents a majority of the effort we put forth as maternity care providers. When on call, healthcare providers are available for consultation, evaluation, reassurance, and a plan of care, either in-person or by phone.

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Electronic Medical Records: Legal and Professional Risks to Providers
Electronic Medical Records as Risk, Metadata and Electronic Medical Records, Avoiding legal risk with EMR Martha Merrill-Hall Electronic Medical Records as Risk, Metadata and Electronic Medical Records, Avoiding legal risk with EMR Martha Merrill-Hall

Electronic Medical Records: Legal and Professional Risks to Providers

I have presented the most risk-averse ways to document in the record in order to reduce your risk of being sued for negligence. This article, however, is aimed at how the electronic record, itself, can place you in legal jeopardy.

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EMR Documentation Part V: For OB, Neonatal, and Midwifery Providers
Effective Documentation in the EMR, Documentation of Critical Events, Contemporaneous Documentation, Late Documentation and Chnages in the Record, Mistaken Entries in the EMR Martha Merrill-Hall Effective Documentation in the EMR, Documentation of Critical Events, Contemporaneous Documentation, Late Documentation and Chnages in the Record, Mistaken Entries in the EMR Martha Merrill-Hall

EMR Documentation Part V: For OB, Neonatal, and Midwifery Providers

Incomplete documentation of critical events is a standard error and interferes with effective representation for defense attorneys. OB and Neonatal providers encounter recurring situations that account for fetal/neonatal injuries.

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News Briefs: Midwifery Issues and Practice For Consumers, Attorneys, Nurses, and Physicians
Wildfire exposure in pregnancy, Wildfire smoke and preterm birth, Campfire danger in pregnancy, Smoke inhalation and pregnancy dangers, Placental damage and smoke inhalation Martha Merrill-Hall Wildfire exposure in pregnancy, Wildfire smoke and preterm birth, Campfire danger in pregnancy, Smoke inhalation and pregnancy dangers, Placental damage and smoke inhalation Martha Merrill-Hall

News Briefs: Midwifery Issues and Practice For Consumers, Attorneys, Nurses, and Physicians

Summer is here, and along with climate change, the weather is hotter and drier for much of the world. Wildfires have become more common even in places that have typically not experienced them to any significant degree. If you are pregnant, wildfire smoke from a wildland fire, or even a campfire, could have an impact on pregnancy.

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Legal Standard of Care
Legal Claims Against Midwives, Standard of Care is Legal Term, Standard of Care judged by Reasonable Conduct Martha Merrill-Hall Legal Claims Against Midwives, Standard of Care is Legal Term, Standard of Care judged by Reasonable Conduct Martha Merrill-Hall

Legal Standard of Care

Standard of care is a legal term, not a medical or midwifery one. When referring to the quality of care provided in a situation of healthcare, standard of care is the term of lawyers, not healthcare providers.

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News Briefs: Midwifery/Obstetrical Issues and Practice
Bullying in the Workplace, Incivility in Midwifery, ACNM Position on Bullying, Mean Girls in Obstetrical Practice, Conflicts with colleagues Martha Merrill-Hall Bullying in the Workplace, Incivility in Midwifery, ACNM Position on Bullying, Mean Girls in Obstetrical Practice, Conflicts with colleagues Martha Merrill-Hall

News Briefs: Midwifery/Obstetrical Issues and Practice

Bullying and incivility in midwifery, nursing, and obstetrical practice have been the subject of several articles in the past few years. In 2008, JCAH published a sentinel event alert requiring all hospitals with their accreditation to have a policy in place for the confidential reporting of bullying without fear of repercussions.

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Responsible Documentation of Patient Care IV
Factual Documentation, Documentation of Critical Events, Citical Events with Bad Outcomes, Contemporaneous Documentation Martha Merrill-Hall Factual Documentation, Documentation of Critical Events, Citical Events with Bad Outcomes, Contemporaneous Documentation Martha Merrill-Hall

Responsible Documentation of Patient Care IV

Some of the most frequently requested documents from health care institutions in preparation for litigation are Policies & Procedures. An example: Pitocin dosage and management, nursing protocols, electronic fetal monitoring, VBAC, shoulder dystocia, mag and pre-e, preterm labor, oxygen administration and neonates, AND Chain of command. Plaintiffs’ attorneys will compare relevant policies and procedures to the care provided and how it was documented.

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Responsible Documentation of Patient Care: Avoiding Legal Risk III
Documentation on the Record, Responsible documentation of Maternity Care, Proper terms used at trial, Examination of Hospital Documentation at Trial, Critical Thinking and Documentation of Care, Using Standard Terms in Documentation Martha Merrill-Hall Documentation on the Record, Responsible documentation of Maternity Care, Proper terms used at trial, Examination of Hospital Documentation at Trial, Critical Thinking and Documentation of Care, Using Standard Terms in Documentation Martha Merrill-Hall

Responsible Documentation of Patient Care: Avoiding Legal Risk III

Avoid comments in your documentation that can be considered “blaming” e.g. “I gave the order to the nurse but she never seems to listen to anything I say”. Generally avoid recording any negative conversations or disruptive team member behavior. This scenario will make any plaintiffs’ attorney jump fpr joy.

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Responsible Documentation of Patient Care: Avoiding Legal Risk Part II
Defending documentation and legal risk, Methods of documentation with EMR, Problem oriented documentation, Dpcumentation of Communications in the medical record Martha Merrill-Hall Defending documentation and legal risk, Methods of documentation with EMR, Problem oriented documentation, Dpcumentation of Communications in the medical record Martha Merrill-Hall

Responsible Documentation of Patient Care: Avoiding Legal Risk Part II

Affirmative Duty Documentation:

- Complications and emergencies requiring management by the health care team, if one exists.

- Timely and appropriate action of the care team.

- Identification of personnel contacted, their title, data reported, changes in patient status, what was requested, and outcome.

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Responsible Documentation Of Patient Care: Avoiding Legal Risk: Part I
Incompetent Documentation, Document error and litigation, Document errors drive lawsuits, Documentation and Legal Risk Martha Merrill-Hall Incompetent Documentation, Document error and litigation, Document errors drive lawsuits, Documentation and Legal Risk Martha Merrill-Hall

Responsible Documentation Of Patient Care: Avoiding Legal Risk: Part I

If you began your midwifery journey in Nursing School, you are familiar with documentation; paper and electronic. Although medical, nursing, and midwifery documentation was strictly paper for many decades, the current recording of patient care is with the electronic record aka EMR.

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Shoulder Dystocia Maneuvers: The One Medicine Leaves Out
Martha Merrill-Hall Martha Merrill-Hall

Shoulder Dystocia Maneuvers: The One Medicine Leaves Out

In the midst of a profusion of shoulder dystocia papers and publications, there is a notable absence of discussions regarding what is arguably the most effective, and least damaging, maneuver to relieve shoulder dystocia.

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HIPAA - Health Insurance Portability and Accountability Act of 1996
Martha Merrill-Hall Martha Merrill-Hall

HIPAA - Health Insurance Portability and Accountability Act of 1996

HIPAA

When viewing this article, you may have the urge to skip it altogether and I can relate to your motivation.  Anyone who has practiced or been employed in healthcare since 2003, has been thoroughly indoctrinated in HIPAA and what it represents.  Either as a patient, or as a provider, HIPAA blurs our vision with its complex, legislative demands and potential penalties if we falter. Without delving too deeply into its complexities or inducing catatonia, the basics of HIPAA do deserve review in order to remind us all of the importance of this legislation and its relevance to midwifery practice.

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News Briefs: Midwifery Issues and Practice For Consumers, Attorneys, Physicians and More . . .
News Briefs, Child Protective Services, Wrongful Designation, Alleged Midwifery Negligence Martha Merrill-Hall News Briefs, Child Protective Services, Wrongful Designation, Alleged Midwifery Negligence Martha Merrill-Hall

News Briefs: Midwifery Issues and Practice For Consumers, Attorneys, Physicians and More . . .

A couple whose baby was taken away by the state after they chose to have their midwife treat the child for jaundice instead of taking it to the hospital filed a lawsuit against the Texas Department of Family and Protective Services.

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