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Title:
ARTICLE IN THE AMERICAN COLLEGE OF SURGEONS, EMPHASIS ON PROFESSIONAL LIABILITY ( MAY 1974, VOL. 59, NO. 5 )
Subject Terms:
HREX; CONSENT FORM; CONSENT ISSUES; ETHICS; LEGAL CLAIMS; LIABILITY; MALPRACTICE; PATIENTS
Document Location:
Location - NNSA/NSO Nuclear Testing Archive Address - P.O. Box 98521 City - Las Vegas State - NV Zip - 89193-8521 Phone - (702)794-5106 Fax - (702)862-4240 Email - CIC@NV.DOE.GOV
Document Type:
JOURNAL ARTICLE
Publication Date:
Declassification Status:
Never classified
Document Pages:
0034
Accession Number:
NV0700174
OpenNet Entry Date:
1994 Aug 27
Description/Abstract:
THE PURPOSE OF THE REPORT IS TO DETERMINE WHETHER MALPRACTICE CLAIMS WILL INCREASE OR DECREASE WITH PROFESSIONAL STANDARDS REVIEW ORGANIZATIONS. THE QUESTION IS ADDRESSED FROM A LEGAL POINT OF VIEW. "MALPRACTICE CLAIMS WILL PROBABLY INCREASE..., MAINLY BECAUSE PSRO MUST NECESSARILY INTERFERE WITH THE PHYSICIAN-PATIENT RELATIONSHIP, ...AND ANY BREAKDOWN IN THIS RELATIONSHIP, IS THE ROOT CAUSE OF MANY MALPRACTICE CLAIMS." IN DETERMINING THE LEGALITY OF ACTIONS, IT IS STATED THAT THE PSRO SHALL DETERMINE WHETHER SERVICES WERE "MEDICALLY NECESSARY" AND WHETHER THE QUALITY OF SUCH SERVICES MEETS "PROFESSIONALLY RECOGNIZED STANDARDS." THIS MUST BE IN ACCORD WITH A PROVISION OF THE FREEDOM OF INFORMATION ACT THAT EXPRESSLY PROTECTS MEDICAL RECORDS FROM PUBLIC DISCLOSURE. HOWEVER, THERE IS A LIMITATION OF LIABILITY AS A PROVISION IN THE PRSO LAW. ONE WILL NOT BE HELD LIABLE, EITHER CIVILLY OR CRIMINALLY, FOR PROVIDING INFORMATION TO A PSRO UNLESS ONE ACTS FRAUDULENTLY. THERE IS NO LIABILITY FOR PARTICIPATING IN PSRO ACTIVITY UNLESS ONE USES HIS OR HER POSITION TO MALICIOUSLY INJURE SOMEONE.


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