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Affordable Care Act and Potential Increased Liabilities

Malpractice risk is always looming in the back round for medical providers and organizations. The article 5 ways the ACA may affect malpractice risk reviews the potential ways that liability and exposure may be increased due to the changes mandated by the Affordable Care Act.

The exposures are:

1. Standard of care issues: the use, by plaintiff’s attorneys, of “guidelines” that are not universally accepted. It can be claimed in front of a jury that a guideline is really a standard, while its lack of general acceptance shows it not to be a standard.

2. Vicarious liability: the use of physician extenders and multiple caregivers to deal with the increased load of patients broadens the realm of exposure for physicians.

3. Hand-offs: Improper handing off care of a patient to another provider is a known interval of extreme liability, and will increase with ACA.

4. Workload: Higher demand, (professional & psychological) leading to burn-out & increased error.

5. ACO (Accountable Care Organization): adds another deep pocket to the pool.

With the increased pressures, reduced reimbursements, more unfunded mandates, more “clicks” (formerly called paperwork), medical providers will have to change work flow, staffing, and their habits to be successful in the new “affordable” environment of medical care.

Choosing the right Electronic Health Record is huge piece of the puzzle. Xpress Technologies’ complete practice solutions can aid the provider in taking some of the pressure off. The EHR is user-friendly and designed to aid you in the reduction of medical malpractice risk. The system was created by real-life high risk providers to help mitigate the cost and stresses of modern medical care.

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