Medical Negligence Newsroom

The Deficient Practice Could Be Developed Similar To The Centers For Medicare And Medicaid

Would be helpful both to the Connecticut Medical Examining Board (CMEB) as well as to the Department it its efforts to settle cases, since such guidelines would provide consistency and predictability. General guidelines, based on the outcome of the deficient practice, could be developed similar to the Centers for Medicare and Medicaid enforcement guidance for nursing homes. In this type of system, thresholds are established, such as actual harm to a patient vs. potential harm, and a menu of remedies offered for each level of harm, to be individualized to the situation, with the goal of attaining and maintaining compliance/safe practice. The CMEB and the Department should work jointly to develop such guidelines and to update them on a regular basis. However, the Department respectfully requests that the guidelines be adopted by the Department, with the advice and assistance of the Board.

Requiring hospitals and outpatient surgical facilities to develop and implement protocols, no later than October 1, 2005 - This would be for accurate patient identification procedures for use prior to surgery, which shall be made available to the Department upon request. The Department would be required to prepare a report describing such protocols for the General Assembly not later than October 1, 2005. Protocols would be reviewed at the time of inspection and/or investigation; however, the Department will not have reviewed them all as of October 1, 2005. The Department recommends that the initial report be due in 2006.

Current physician profile law - It does not require physicians to report adverse licensure actions taken in other states, nor does it require physicians to periodically update information previously submitted to the Department concerning hospital disciplinary actions, and medical malpractice judgments, arbitration awards and settlements. In addition to clarifying the existing physician profile filing requirements, this proposal requires physicians to report additional information on the profile (e.g., name of professional liability insurance carrier, policy number and an indication as to whether the practitioner is actively involved in patient care), and requires physicians to report any changes or updates in mandatory reporting information, and to add adverse licensure actions taken in other states to the list of mandated reporting items. The Department requests that the committee consider requiring physicians to report whether they are actively practicing in the profession in line 597, rather than indicating whether they are currently providing direct patient care services.

Continuing education activities - The Department requests that the committee consider deleting the word "specialty" in line 528 to allow physicians to complete a wider variety of courses related to the practice of medicine, that may or may not be related to their area of expertise, and the word "and' just before the phrase "risk management" in line 533 to clarify that the required risk management course is not related to infectious diseases. The Department requests that the committee include the DPH and local departments of public health to the list of qualifying continuing education providers.

Reinstatement of lapsed license - This piece needs to be changed. As currently drafted, the Department would be required to re-license a physician who submits evidence documenting completion of continuing education activities, regardless of the length of time elapsed since leaving active practiced or whether the physician meets any of the other requirements for reinstatement