For example, wrong site surgeries have been identified collectively by the industry as an area of risk where we must have a “no tolerance” standard. National industry leaders and organizations came together in effort to reduce this risk, promulgating the Universal Protocol to Prevent Wrong Site, Wrong Procedure and Wrong Person Surgery. However, before Stevens & Lee’s research and analysis, no one had before considered the possible unintended consequences of such a move from a liability perspective. This analysis is contained in the White Paper: “The Universal Protocol: Can Adhesive Labels Prevent Wrong Site Surgery and Reduce Liability Risk?” This analysis has been published with a comprehensive publication forthcoming.

We have taken on these projects often in collaboration with industry funding. If you would be interested in more information about collaborating on a liability risk reduction research project, or if you are interested in more information about one of the specific research projects contained on this page, please contact James W. Saxton, Esq.

Wrong Site Surgery

This paper provides background information on the wrong site surgery issue with statistics and data currently available. An in-depth analysis and evaluation of liability risk associated with wrong site surgeries and the impact of the Universal Protocol are analyzed from a liability risk perspective. The Universal Protocol is a significant step to promoting patient safety and to reducing wrong site surgeries in addition to the resultant liability risk reduction generally. However, perhaps overlooked, the result of a Universal Protocol accepted by more than 40 organizations and societies nationwide may be that plaintiffs will argue that a standardization has occurred, using the Universal Protocol against our hospitals and healthcare systems to support corporate negligence claims. This is why it is important, more now than ever from a liability perspective, to ensure compliance with the Universal Protocol and have in place policies and procedures consistent with it while at the same time incorporating traditional and innovative risk management strategies and techniques to reduce liability risk. Those techniques include communication strategies, documentation strategies, auditing and surveying. Adhesive labels, permitted under the Universal Protocol in conjunction with a pen marking, can be an innovative strategy for reducing liability risk.

Should you have any questions about this liability topic and related research, or would desire help in reducing your liability risk, please contact James W. Saxton, Esq.

• The New Universal Protocol: Can Adhesive Labels Prevent Wrong Site Surgery and Reduce Liability Risk?, by James W. Saxton, Esq. and Maggie M. Finklestein, Esq.

Bariatric Surgery

After research and analysis of the nation’s literature on bariatric surgery risk and all available claims data and verdict information, as well as discussions with prominent plaintiff’s and defense lawyers and content experts, this paper analyzes not only the professional liability risk associated with bariatric surgery, but also whether the risk lends itself to traditional and innovative forms of risk management, which could impact both frequency and severity of claims. This paper provides an in-depth analysis of this evaluation and concludes that the professional liability risk has been overrated as to both frequency and severity, and further, bariatric surgery uniquely lends itself to many risk management strategies. The risk created can be impacted in a positive way by specific strategies and tools.

This paper was the foundation for the creation of the loss control program for Novus Risk Retention Group, an alternative insurance vehicle owned by surgeon-insureds. Stevens & Lee created the customized loss control program that targets specifically bariatric surgery liability risk, providing its member-insureds with the unique loss control strategies and tools.

For more information on this paper or the Novus RRG, please contact James W. Saxton, Esq. You can also visit the Novus RRG website at www.novusrrg.com.

• Bariatric Surgery: A Comprehensive Bariatric Program Can Act To Reduce Liability Risks and to Promote Patient Safety, by James W. Saxton, Esq. and Maggie M. Finkelstein, Esq.

Physician Practice Audits

Stevens & Lee’s Loss Control Team conducts professional liability loss control surveys in physician practices. The elements chosen for auditing are selected based upon a practice’s frequency and severity as a contributor to medical malpractice claims and lawsuits as identified through current claims research. Criteria-defined data elements from each office assessment are entered into a database in which quarterly analysis of the frequency distribution of each of the elements is conducted. This information provides Stevens & Lee with a basis for development of meaningful loss control initiatives, educational programs and loss control tools for the physician practice clients we serve.