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Tip of the week: Know your legal terms

Medical Staff Leader Connection, February 18, 2009

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Hopefully, you’ll never have to deal with a medical malpractice or negligent peer review lawsuit, but if you do, it is imperative to learn the legal lingo so you don’t get lost. Some basic terms all MSPs and medical staff leaders should know are:

• Appeal: In the strictest legal sense, resort to a higher (e.g., appellate) court to review the decision of a lower (e.g., trial) court. In this sense, only legal issues can be appealed—the higher court will not review any decisions relating to facts. For example, if one expert witness said the doctor administered a drug properly and another expert testified that the doctor did not, an appellate court will not review the trial court’s decision as to which experts to believe.
• Due diligence: In its strictest legal sense, review of the financial and operating history of a potential investment. More commonly, it means a careful review of something or a good faith effort, such as trying to obtain information from a primary source regarding an applicant’s relevant practice at a foreign organization.
• Informed consent: A legal doctrine that patients generally have the right to be informed about all the relevant facts relating to proposed treatment and the right to accept or reject treatment.

This week’s tip is adapted from Medical Staff Law: A Guide for Medical Staff Professionals and Physician Leaders by Anne Roberts, CPCS, CPMSM.

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