Top legal risks for young ophthalmologists to know
Have you heard the saying “an apple a day keeps the doctor away?” Well, what about the lawyers? Transitioning from training to practice in ophthalmology brings forth not only clinical challenges but also critical legal considerations often overlooked in traditional medical education.
Just as precision and prevention are hallmarks of our clinical practice, understanding and preemptively addressing legal issues are essential to safeguarding our careers. This month’s Real World Ophthalmology column addresses five key strategies to maintain legal compliance and mitigate risks in your professional journey.
1. EXCELLENCE IN CLINICAL PRACTICE
Your clinical competence forms the foundation for preventing potential legal issues. This involves ensuring correct and timely diagnosis, management and appropriate referral. Be aware of diagnoses beyond your specific area of expertise and maintain a holistic approach to patient management. Keep your differential diagnoses broad. Don’t overlook life- and vision-threatening conditions. Engage in continuous medical education to stay updated and regularly refresh your skills and knowledge to ensure you’re consistently providing the highest standard of care to your patients.
In addition, make sure you document your communications, findings and instructions in the chart. Documentation is the key to mitigating risk. A great way to check how you are doing early on is to ask a more senior, trusted colleague to review a few of your charts to ensure they are able to clearly follow the care and treatment plan for each patient.
2. BUILD STRONG AND CLEAR COMMUNICATION WITH
PATIENTS
In ophthalmology, we perform numerous in-office procedures and surgeries. A key aspect of ensuring safety for both patients and providers is having a thorough informed consent process.1 This involves more than just obtaining a signature; it means having a meaningful conversation with the patient about the procedure, its risks, benefits and alternatives. Clear communication ensures the patient understands the procedure, which can help manage complications and potentially prevent claims. Early clinicians should develop multiple methods to ensure patients fully understand the procedure you will be performing. Using 3D models, teach-back methods and digital education tools can help ensure the patient fully understands the procedure they will be undergoing.
3. LEARN ABOUT DIFFERENT INSURANCE TYPES
Be informed about your insurance coverage. Various types of coverage can protect both your practice and yourself. As a new ophthalmologist, you’re likely aware of the need for medical malpractice insurance, but there are multiple other types of insurance you should consider and choose wisely based on your practice setting. A good starting point is this resource from the AMA (https://tinyurl.com/2ja9dxvr).Act proactively to ensure you’re prepared for any type of potential liability or loss.
4. BE PROACTIVE WITH LEGAL AND ETHICAL COMPLIANCE
When joining a practice, carefully examine your contract to ensure you fully understand your roles and responsibilities, especially in relation to patient care.2 Familiarize yourself with the clinic workflow and don’t hesitate to seek external help or expertise.
5. MASTER BILLING AND CODING
Young ophthalmologists should recognize the importance of accurate billing. Ensuring your billing codes are correct and supported by complete documentation is essential for proper reimbursement and patient care. Many great resources are available to learn about billing and coding, practice management and legal compliance.3 At the Real World Ophthalmology bi-annual virtual meetings, for instance, we bring in experts in coding and billing from the American Academy of Ophthalmic Executives specifically to answer common questions and provide valuable resources.4
CONCLUSION
As you embark on your journey in ophthalmology practice, remember that just as an apple a day may keep the doctor away, proactive legal awareness can keep the lawyers at bay. By embracing these five strategies to ensure legal compliance and mitigate risks, you’re not only safeguarding your career but also enhancing your ability to provide exceptional care. OM
This column is produced in partnership with Real World Ophthalmology, a free educational resource created by Dr. Nijm. RWO hosts virtual and in-person meetings discussing clinical innovations, business aspects of ophthalmology and tips for professional growth — helping over 4,200 young ophthalmologists succeed in early practice. Join RWO virtually for our incredible meeting, Top Ten Things I Wish I Knew Sooner on Saturday, Sept. 28, from 8-4 pm CT and in person at our signature networking reception RWO After Dark on Friday, Oct. 18 from 8-10 pm at AAO in Chicago. To save your spot, please sign up at RealWorldOphthalmology.com.
References
1. Consent, Communication & Decision Making. American Medical Association. https://code-medical-ethics.ama-assn.org/chapters/consent-communication-decision-making. Accessed July 2, 2024.
2. Harkin P. The Negotiation Game. The Ophthalmologist. https://theophthalmologist.com/business-profession/the-negotiation-game. Published June 1, 2021. Accessed July 2, 2024.
3. Top Ophthalmic Applications to Use in Your Practice Today. AAO 2019 Daily. Published Oct. 14, 2019. https://www.aao.org/eyenet/academy-live/detail/top-ophthalmic-applications-to-use-in-your-practic. Accessed July 2, 2024.
4. Coding and Reimbursement. American Academy of Ophthalmology. https://www.aao.org/practice-management/coding. Accessed July 2, 2024.
