I'm Sorry: The Benefits and Limitations of State Apology Laws

Expiration Date
Feb 10, 2024
Media Format
monograph
MOC Approved
Yes
Activity Type
Online
Est. Duration
1 hour
Credits
CME: 1.00

$150

Quantity: 1

Target Audience

All physicians engaged in clinical care of patients. Other interested healthcare providers are welcome.

  • Professional Interaction

Description

After an adverse event, patients look to their physician for empathy and an understanding of what happened. Physicians may defer this difficult conversation for fear of exposing themselves to a lawsuit. Indeed, legal advice in the past often supported a “deny and defend” stance. State apology laws were enacted to protect and promote statements of sympathy, but many do not protect statements of fault or explanations of the event, so physicians must be familiar with the details of their own state law. This monograph seeks to provide the physician with the communication skills and resources to carry out this conversation.

Learning Outcomes/Objectives

Upon completion, participants should be able to:

  1. Determine if they have a state apology law and describe its key features.
  2. Explain the benefits and limitations of state apology laws.
  3. Carry out an empathetic conversation with a patient/family after an adverse medical event.
  4. Notify the necessary institutional parties of the adverse event.

Release Date:
June 15, 2015
Last Review Date:
February 10, 2021
Expiration Date:
February 10, 2024

Copyright Information

Copyright © 2015-2021

CME Information

This activity is sponsored by LAMMICO/Medical Interactive.

LAMMICO/Medical Interactive designates this enduring material for a maximum of 1.00 AMA PRA Category 1 Credit(s). Physicians should claim only the credit commensurate with the extent of their participation in the activity.

Accreditation Statement

LAMMICO/Medical Interactive is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians.

Learning Assessment

There will be a post test for this activity with a minimum performance requirement of 8 out of 10 correct answers.

Method and Medium

To obtain CME credit, read the entire monograph online, download to a printer and read, or download and save to your computer. Complete the evaluation and post test and print your certificate online.

Resident Information

Residents will earn a certificate of completion.

State Requirements

This program may meet specific CME requirements for the following states. It is the user's responsibility to confirm whether content meets the user's state's specific requirements:
Connecticut:
This activity includes content in Risk Management
Massachusetts:
This activity includes content in Risk Management
Pennsylvania:
This activity includes content in Risk Management / Patient Safety
Texas:
This activity includes content in Ethics and/or Professional Responsibility

MOC Approval Statement

Through the American Board of Medical Specialties ("ABMS") ongoing commitment to increase access to practice relevant Maintenance of Certification ("MOC") Activities through the ABMS Continuing Certification Directory, I'm Sorry: The Benefits and Limitations of State Apology Laws has met the requirements as an MOC Part II CME Activity (apply toward general CME requirement) and/or an MOC Part II Learner Assessment Activity for the following ABMS Member Boards:

MOC Part II CME Activity

  • American Board of Family Medicine
  • American Board of Physical Medicine and Rehabilitation
  • American Board of Plastic Surgery
  • American Board of Psychiatry and Neurology
  • American Board of Radiology
  • American Board of Thoracic Surgery
  • American Board of Urology
  • American Board of Ophthalmology
  • American Board of Otolaryngology
Note: If a Member Board has not deemed this activity for MOC approval as an accredited CME activity, this activity may count toward an ABMS Member Board’s general CME requirement (only). Please refer directly to your Member Board’s MOC Part II Lifelong Learning and Learner Assessment Program Requirements.

ABIM

Successful completion of this CME activity enables the participant to earn up to 1.00 MOC points in the American Board of Internal Medicine’s (ABIM) Maintenance of Certification (MOC) program. Participants will earn MOC points equivalent to the amount of CME credits claimed for the activity. It is the CME activity provider’s responsibility to submit participant completion information to ACCME for the purpose of granting ABIM MOC points.

ABIM MOC points can only be submitted if the participant provides his/her ABIM member number and date of birth to this provider.

ABP

Successful completion of this CME activity, which includes participation in the activity, with individual assessments of the participant and feedback to the participant, enables the participant to earn 1.00 MOC points in the American Board of Pediatrics' (ABP) Maintenance of Certification (MOC) program. It is the CME activity provider's responsibility to submit participant completion information to ACCME for the purpose of granting ABP MOC credit.

ABP MOC points can only be submitted if the participant provides his/her ABP member number and date of birth to this provider.

ABA

Successful completion of this CME activity, which includes participation in the activity, with individual assessments of the participant and feedback to the participant, enables the participant to earn 1.00 MOC points in the American Board of Anesthesiology (ABA) Maintenance of Certification (MOC) program. It is the CME activity provider's responsibility to submit participant completion information to ACCME for the purpose of granting ABA MOC credit.

ABA MOC points can only be submitted if the participant provides his/her ABA member number to this provider.

ABPath

Successful completion of this CME activity, which includes participation in the evaluation component, enables the participant to earn up to 1.00 MOC points in the American Board of Pathology’s (ABPath) Maintenance of Certification (MOC) program. Participants will earn MOC points equivalent to the amount of CME credits claimed for the activity. It is the CME activity provider's responsibility to submit participant completion information to ACCME for the purpose of granting ABPath MOC credit.

ABPath MOC points can only be submitted if the participant provides his/her ABPath member number and date of birth to this provider.

ABOHNS

Successful completion of this CME activity, which includes participation in the evaluation component, enables the participant to meet the expectations of the American Board of Otolaryngology’s Maintenance of Certification (MOC) program. It is the CME activity provider's responsibility to submit participant completion information to ACCME for the purpose of recognizing participation.

ABOHNS MOC points can only be submitted if the participant provides his/her ABOHNS member number and date of birth to this provider.

ABO

Successful completion of this CME activity, which includes participation in the evaluation component, enables the learner to satisfy the Lifelong Learning, Self-Assessment, Improvement in Medical Practice and/or Patient Safety requirements for the American Board of Ophthalmology’s Maintenance of Certification (MOC) program. It is the CME activity provider's responsibility to submit learner completion information to ACCME for the purpose of granting MOC credit.

ABO MOC points can only be submitted if the participant provides his/her ABO member number and date of birth to this provider.

Analyzing decades of medical malpractice claim data has led the MI faculty to narrow our focus to pinpoint the most important roots of patient safety issues across a host of medical specialties. When we boil down our collection of risk management education topics, these key concepts most keenly respond to the roots of patient safety issues: 

Risk Management Concept: Cognition - Icon of human head with cog for brain

Cognition

Error in the mental action or process of learning can lead to adverse events stemming from inaccurate or incomplete thinking, perceiving, experiencing, recognizing, remembering and judging. Courses marked with this designation indicate that information presented within that specific education activity will illuminate actionable ways to improve analysis and synthesis of information, diagnosis and clinical decision making. 


Risk Management Concept: Communication - Icon of speech bubbles

Communication

Misunderstandings can lead to adverse events arising from errors in written, verbal and non-verbal information exchange. Courses marked with this designation indicate that concepts presented within that specific education activity will feature actionable ways to improve mutual understanding between healthcare providers and/or between medical professionals and their patients. 


Risk Management Concept: Performance - Icon of spedometer

Performance

Reactive behavior resulting in inaccuracy, incompletion, expensive and untimely tasks can lead to adverse events arising from poor execution of an action and/or fulfillment of a request. Courses marked with this designation indicate that the specific education activity will present realistic ways to apply learning, implement changes in a medical practice, improve competencies, critically assess performance, and utilize and incorporate evidence-based best practices. 


Risk Management Concept: Professionalism - Icon of people

Professionalism

Breach of competency standards and ethical values can result in adverse events stemming from a misunderstanding of professional expectations. Courses marked with this designation indicate that the education activity will clarify professional expectations in an effort to improve advocacy and participation, provider wellness, ethical decisions, cultural competence, professional organization participation, and adherence to patient care guidelines. 


Risk Management Concept: System - Icon of Cogs

System

System errors in medicine primarily consist of interrelated and interdependent components that habitually influence one another, and can often result in adverse consequences. Courses marked with this designation indicate that the education activity will present ways to address legal and regulatory issues, coordination of care and teamwork, electronic health record IT issues, policies and procedures, cost and risk benefits, and quality improvement activities. 

Disclosure Policy

LAMMICO requires authors, speakers, planners, faculty and all those who influence the content of a CME activity to disclose any financial relationships they have with commercial interests that are relevant to the CME activity. The disclosures shall be reviewed for any conflict of interest and subject to a mechanism for resolution of conflict of interest. A disclosure statement of relevant financial relationships will be made to the audience prior to the activity.

Disclosure Statement

The authors, editors, reviewers and planning committee members for this activity have no relevant financial relationships with an ACCME-defined commercial interest to disclose.

Author(s)

Ruth Ryan, RN, BSN, MSW, CPHRM - Read Bio

Expert Reviewer(s)

Karen C. Duncan, RN, Attorney at Law - Read Bio

Managing Editor(s)

Dawer Azizi, MHA, BSN, RN, CPHRM, LAMMICO Director of Risk Management

Sharon Cusanza, MSN, RN, NEA-BC, LAMMICO Senior Risk Management Education Specialist

Content Advisors/Planning Committee Members (Education Council)

Dawer Azizi, MHA, BSN, RN, CPHRM, LAMMICO Director of Risk Management

Geri Cook, RHIA, CPHRM, LAMMICO Risk Management Manager

Carol A. Curran, RNC, MS, OGNP, LAMMICO Senior Perinatal Educator and Medical Interactive Business Specialist

Sharon Cusanza, MSN, RN, NEA-BC, LAMMICO Senior Risk Management Education Specialist

Karen K. Davis, MA, CPHRM, LAMMICO CME/CNE Writer/Editor

Joseph Tran, Attorney at Law, Legal Counsel – Medical Interactive

Amanda Martin-Sanchez, MEd, BSN, RN, CNOR, LAMMICO CME/CNE Educator

Lynne Vega, RN, LAMMICO Hospital RM Specialist

Lynda Sanders, LAMMICO Continuing Education Specialist

Karen Tong, Patient Representative and LAMMICO Communication Strategist

Risk Management Committee Members

Kenneth E. Brown, MD, MBA

Thomas V. Bertuccini, MD, MBA

Stephen T. Jones, MD

Richard A. Spector, MD, JD

Randall Miller, MD

Pamela J. Parsons, MD

Karl N. Hanson, MD, FAAFP

Dawer Azizi, MHA, BSN, RN, CPHRM, LAMMICO Director of Risk Management

Joseph Tran, Attorney at Law, Legal Counsel – Medical Interactive

Geri Cook, RHIA, CPHRM, LAMMICO Risk Management Manager

Carol A. Curran, RNC, MS, OGNP, LAMMICO Senior Perinatal Educator & Medical Interactive Business Development Specialist

Sharon Cusanza, MSN, RN, NEA-BC, LAMMICO Senior Risk Management Education Specialist

Karen K. Davis, MA, CPHRM, LAMMICO CME/CNE Writer/Editor

Amanda Martin-Sanchez, MEd, BSN, RN, CNOR, LAMMICO CME/CNE Educator

Lynda M. Sanders, LAMMICO Continuing Education Specialist

Electronic Hardware and Software Requirements

To view our online presentations, your computer must meet the requirements below:

Hardware: Participants must have a personal computer with internet connection and speakers or an iOS or Android phone.

Operating System

Windows or Mac OS for desktop computers.

iOS or Android for mobile devices

Browser

Firefox 55 or above

Chrome 60 or above

IE 10 or above

Safari 11 or above

Bandwidth

High Speed or DSL

Web Master Contact Information

For assistance, contact Shea Ivey at 866/398-1038 or help@medicalinteractive.com