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Your Practice
CMECNE

Lavern’s Law Now Lengthens the Time to Bring Cancer Med Mal Claims in New York State

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Learning Objectives and CME/Disclosure Information

This activity is intended for healthcare providers delivering care to women and their families.

After completing this activity, the participant should be better able to:

1. Recall that laws and statutes relating to the time for claims of medical malpractice may vary from state to state
2. List the key time points during cancer care, where a missed opportunity for diagnosis may occur

Estimated time to complete activity: 0.25 hours

Faculty:

Ashley Comfort, MD, FACOG is the Director of Medical Content, ObG Project.

Disclosure of Conflicts of Interest

Postgraduate Institute for Medicine (PIM) requires faculty, planners, and others in control of educational content to disclose all their financial relationships with ineligible companies. All identified conflicts of interest (COI) are thoroughly vetted and mitigated according to PIM policy. PIM is committed to providing its learners with high quality accredited continuing education activities and related materials that promote improvements or quality in healthcare and not a specific proprietary business interest of an ineligible company.

The PIM planners and others have nothing to disclose. The OBG Project planners and others have nothing to disclose.

Faculty: Ashley Comfort, MD, has a financial interest in Pfizer and has no other conflicts of interest to disclose.

Planners and Managers: The PIM planners and managers, Trace Hutchison, PharmD, Samantha Mattiucci, PharmD, CHCP, Judi Smelker-Mitchek, MBA, MSN, RN, and Jan Schultz, MSN, RN, CHCP have nothing to disclose.

Method of Participation and Request for Credit

Fees for participating and receiving CME credit for this activity are as posted on The ObG Project website. During the period from March 4 2018 through 07/15/2022, participants must read the learning objectives and faculty disclosures and study the educational activity.

If you wish to receive acknowledgment for completing this activity, please complete the test and evaluation. Upon registering and successfully completing the test with a score of 100% and the activity evaluation, your certificate will be made available immediately.

Joint Accreditation Statement

In support of improving patient care, this activity has been planned and implemented by the Postgraduate Institute for Medicine and The ObG Project. Postgraduate Institute for Medicine is jointly accredited by the Accreditation Council for Continuing Medical Education (ACCME), the Accreditation Council for Pharmacy Education (ACPE), and the American Nurses Credentialing Center (ANCC), to provide continuing education for the healthcare team.

Physician Continuing Medical Education

Postgraduate Institute for Medicine designates this enduring material for a maximum of 0.25 AMA PRA Category 1 Credit(s)™. Physicians should claim only the credit commensurate with the extent of their participation in the activity.

Continuing Nursing Education

The maximum number of hours awarded for this Continuing Nursing Education activity is 0.2 contact hours.

Read Disclaimer & Fine Print

On January 31, 2018, Governor Andrew Cuomo of New York announced that he and the state legislature had come to terms on a bill covering a misdiagnosis of cancer. The bill, which became law, allows for a 2 1/2-year window for a patient  to bring malpractice cases involving a cancer misdiagnosis. The law stipulates that the negligence cannot have occurred more than seven years prior to a suit being filed. Previously, the clock for medical malpractice involving cancer misdiagnosis started when the misdiagnosis occurred— meaning patients were not able to bring claims if they discovered a potential medical error after the window closed. Included in the law is a provision for people whose statute of limitations ran out in the last 10 months to get an additional six-month window to sue.

There are multiple opportunities to address ‘missed opportunities’ when it comes to cancer diagnoses and treatment. As Lyratzopoulos and colleagues (British Journal of Cancer, 2015) note, while not all such ‘missed opportunities’ will result in lesser outcomes for patients, all preventable delays should be avoided wherever possible. The authors point to 3 crucial time points where ‘missed opportunities’ may occur:

  • Initial diagnostic assessment
    • During the first (usually primary care) encounter, which entails the initial screening, testing and decision making regarding waiting vs referral
  • Diagnostic test performance and interpretation
    • The process of obtaining, performing and interpreting appropriate diagnostic tests, which can include blood work, imaging or more invasive measures
  • Diagnostic follow-up and coordination
    • The authors define this phase as those activities that are necessary to ‘close the loop’ on patient assessment and care

There are often multiple reasons for failure to make a cancer diagnosis which can be related to patient, provider and system factors and can happen at any of the above time points.  Lyratzopoulos et al. note that a multi-disciplinary approach is required to have an effect on missed diagnoses:

As is the case for safety interventions in general, identification of instances where missed opportunities have occurred is a pre-requisite for motivating and guiding organisational learning and improvement efforts and service redesign.

Learn More – Primary Sources

Lyratzopoulos et al. Understanding missed opportunities for more timely diagnosis of cancer in symptomatic patients after presentation.

Evaluating the Medical Malpractice System and Options for Reform.

Who is Lavern? (NY Daily News, January 29, 2018)

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You’ve Been Served! Part Two: Next Steps After Getting Court Papers
You’ve Been Served! Part Three: Intro to the Deposition
You’ve Been Served, Part Four: An ObGyn Defendant Wins the Case – Guidelines Matter 

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This website (the “Website”) is a service made available by The ObG Project LLC, its partners, affiliates or subsidiaries (“Provider”). This Website provides general information related to the law and is designed to help users safely cope with their own legal needs. This website does not provide legal advice and Provider is not a law firm. None of our customer service representatives are lawyers and they also do not provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between you and Provider or any of our representatives.
This website is not intended to be a source for legal advice, and thus the reader should not rely on any information provided in this website as such. Readers should not consider the information provided to be an invitation for an attorney-client relationship, and should always seek the advice of competent counsel in the reader’s home jurisdiction. Provider may provide links to third party websites. These links are provided only as a convenience. Linked websites are not reviewed, controlled or examined by Provider and Provider is not responsible for the information, advertising, products, resources or other materials, of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement by Provider. In addition, please be aware that your use of any linked site is subject to the terms and conditions applicable to that site. Please direct any questions regarding linked sites to the webmaster of that site.
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OBG Project CME requires a modern web browser (Internet Explorer 10+, Mozilla Firefox, Apple Safari, Google Chrome, Microsoft Edge). Certain educational activities may require additional software to view multimedia, presentation, or printable versions of their content. These activities will be marked as such and will provide links to the required software. That software may be: Adobe Flash, Apple QuickTime, Adobe Acrobat, Microsoft PowerPoint, Windows Media Player, or Real Networks Real One Player.

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This educational activity may contain discussion of published and/or investigational uses of agents that are not indicated by the FDA. The planners of this activity do not recommend the use of any agent outside of the labeled indications.

The opinions expressed in the educational activity are those of the faculty and do not necessarily represent the views of the planners. Please refer to the official prescribing information for each product for discussion of approved indications, contraindications, and warnings.

Disclaimer

Participants have an implied responsibility to use the newly acquired information to enhance patient outcomes and their own professional development. The information
presented in this activity is not meant to serve as a guideline for patient management. Any procedures, medications, or other courses of diagnosis or treatment discussed or suggested in this activity should not be used by clinicians without evaluation of their patient’s conditions and possible contraindications and/or dangers in use, review of any applicable manufacturer’s product information, and comparison with recommendations of other authorities.

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