The modern reality and the multifaceted liability of health care providers have made the multidimensional and specialized organization of legal departments essential in order to cope effectively with various issues and provide solutions and protection to the corporation. Issues such as:
- the interdisciplinary participation and involvement of various healthcare professionals in patient management and the interaction of these different professionals with respect to the outcome of the treatment process,
- the provision of cross-border health care services to international patients and the differences in the national legislation and case law of each country,
- the use of state-of-the-art technologies and the ongoing scientific developments that urge healthcare professionals to make advanced interventions and provide advanced treatments with respect to which patients need to provide their informed consent,
- the necessity of handling and managing sensitive medical information of the patient in the light of and in the context of the restrictions imposed by the GDPR,
- conducting clinical trials
- the general civil liability of the hospital/corporation in combination with the individual medical liability of healthcare professionals
are factors that necessitate the specialized and flexible operation of the appropriate processes that will protect the relationship between health care provider, health care professional and patient and will promote the trust in the hospital/corporation, while reducing any risk related to its status and reliability.
In this regard, the specialized team of the Institute provides protocol development services and related mechanisms to the Legal Departments of hospitals, including, indicatively, the following deliverables:
- Assessment and evaluation of existing operation and procedures
- Protocol for the prevention, preparation and management of clinical claims / potential clinical claims
- Development of an early identification and response model of medical malpractice / claim prevention in order to prevent / avoid litigation – Development of internal mechanisms / procedures for early investigation and management (by a team, consisting of doctors and lawyers, solely in charge of this mechanism/process).
- Complaint review process
- Incident investigation procedure
It is important that claims/potential claims be identified (based on specific criteria arising from research, literature and the experience of physicians and the Legal Department) and, where necessary, reported to the Legal Department (or, at first stage, to a committee specifically established for the particular purpose) as soon as possible.
- Claims Management Protocol (Claims Set-Up, Claims Investigation, Determination of Compensability, Handling of Suspicious/Fraudulent Claims etc.). Preventive approach to claims management. This approach leads to effective cost reduction by achieving dispute resolution in the shortest possible time
- Plan for effective interaction between the Legal Department, the Scientific Committee and any other relevant committee (Ethics Committee, Scientific Council, Patient Safety Committee, etc.)
- Development of an out-of-court dispute resolution plan
- Mediation as a process of conflict management (conflicts between the hospital/healthcare professional and the patient)
- Development of a Claims Mediation Service
- Cooperation with accredited mediators
- Highlighting the advantages of mediation
- Dispute Resolution Guide-Witness Preparation Plan- Cooperation between Physicians and the Legal Department for material collection (medical literature, clinical guidelines etc.), effective preparation, case management support, evaluation of materials and assessment/analysis of the case’s strengths and weaknesses. Cooperation with the insurance company
- Communication plan: Formulation of policies, rules and roles at the level of internal and external communication for crises management. Formation of a framework for the protection of the status and regularity of the hospital’s operation.
- Seminars / Training of the Scientific Committee, the complaint review and incident investigation committees, the Legal Department. Case studies for effective protocol application and understanding.