This webinar is a MUST for all CPMs to learn about the complex issues of liability and how to be protected in case of a lawsuit or administrative hearing. Even though CPM clients are healthy low risk women, and CPMs provide ongoing oversight during pregnancy and labor, there is still the possibility that complications can arise, resulting in an adverse outcome. Health care practitioners in hospitals are well trained in how to deal with adverse outcomes, especially regarding the client’s medical record. Out of hospital practitioners are well trained to provide timely transport and information to medical personnel, but often unprepared for timely documentation that accurately and thoroughly charts the situation, the midwife’s management and rationale for the care provided. The midwife who is dealing with the emergency transport and the family’s needs may not have time in the moment to thoroughly chart the emergency care she’s giving much less her thought process and rationale for what she did and didn’t do. She might not get back to the chart for days. Then when she goes to accurately document what she did and why, it can look like she’s altered records, making her documentation suspect. How can midwives work with electronic records in a way that protects them legally? We know that charting is the key to legal protection and a midwife who gave excellent care and but didn’t chart it accurately or promptly can be vulnerable to civil suit and administrative discipline. Protecting oneself from liability is an essential skill for any midwife in the US, especially those providing homebirth and birth center services.
This webinar discusses all aspects of liability as it relates to midwives, including home birth practices and birth center-based practices. The background of liability, including the difference between criminal and civil liability is discussed, as well as administrative proceedings against a midwife by the state licensing authority and the basic legal theories of negligence. The presenter reviews many best practices to help minimize liability, including documentation of the medical record; responsibilities as a business owner including additional liability concerns; reviewing processes and action plans; reporting of adverse events to appropriate parties; transporting mothers and/or infants; and collaboration with physicians. E-Discovery requirements are also discussed to better understand the complexities of lawsuits, along with an examination of past claims, including causes and allegations of lawsuits. The presenter answers questions from the audience but is also available by email for additional questions.
The webinar is presented by David B. Pulley, MSM in RMI, CPCU, RPLU, the Vice President at OneBeacon Professional Insurance since 2012. As VP for long-term care team and lead for new business underwriting, he has assisted with complex risk team and program development of midwife and birth center products. His areas of expertise include professional liability, medical malpractice, underwriting, liability analysis, commercial insurance, legal liability, employment practices liability and Directors and Operators insurance. David holds a masters degree in Risk Management/Insurance from Florida State University College of Business and a bachelors degree in Business Management and Finance from Brigham Young University. He serves as Treasurer and Member of the Board of Governors for the Commission for the Accreditation of Birth Centers
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