Resolution to Use Undue Administrative Burdens and the Distractions Thereof as a Defense for Doctors in Malpractice Suits
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Whereas, doctors are constantly distracted in their offices by insurers’ demands for pre-authorizations for drugs, tests, and consultations, and
Whereas, electronic medical records which are now required by Medicare represent a further distraction because they require considerable attention from doctors to input information, and
Whereas, these administrative burdens interfere with the time that doctors need to talk with their patients and get a good understanding of their problems and give them the proper care, and
Whereas, such interference can lead to errors in diagnosis and treatment resulting in harm and even death of a patient and expose a physician to malpractice suits, therefore be it
(1) that the CSMS alert and educate lawmakers to the potentially serious consequences that administrative burdens imposed by insurers’ demands for pre-authorization for drugs, tests, and consultations have on physicians’ abilities to properly and safely treat their patient and how this may expose physicians to malpractice suits.
(2)And that the CSMS accept and promulgate to its members and lawmakers that: the undue interference from administrative burden has sufficient ethical and professional justification to allow it to be used whenever appropriate as a legal defense in cases of malpractice.
(3) And that the CSMS present this resolution at the next New England Delegation meeting for its consideration to be presented at the next AMA meeting for adoption as AMA policy.
Edward Volpintesta MD
Bethel, July 17, 2015
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