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The "Borderline" Physician:
Managing Performance Improvement for Those Who Can Improve (and Building the Legal Record for Those Who Can't) Audio CD
Recorded December 7, 2006

Faculty: Barbara Blackmond & Phil Zarone

Do these scenarios sound familiar?

  • A physician whose records are chronically incomplete responds to a final ultimatum and improves; but then starts rounding at midnight... then responding slowly to pages;....you get the picture! How many hours must physician leaders spend counseling this physician?
  • A physician is an outlier in complications, and has not responded to progressive collegial efforts. When the Department Chief tries to get her voluntary agreement to a monitoring and educational program, she threatens to sue anyone who might serve as a monitor. How long should you keep trying less formal steps?
  • A surgeon sees himself at the "cutting edge" of new techniques, and claims that no one else has the ability to review his work because they're not as advanced as he is. Nurses are coming to the CMO with concerns about patients, and even the need for the procedures, but the surgeon's records reveal no complications. So far, no actual harm, so no need to do anything?

Dealing with the clearly problematic physician is hard enough. Even in the most egregious case, the physician may get an attorney and try to intimidate physician leaders and disrupt the process (and today, we're seeing more and more criminal defense attorneys in these cases!).

So what do you do when the issues are less clear? Sometimes the most difficult questions are presented by the mediocre or below average physician who won't or can't respond to collegial or informal efforts, or who responds for a time only to slip backwards in the same or a different way.

Today, with increasing external expectations (government, news media, community) and internal (board, employees) and public reporting on quality measures, it is imperative to strive for excellence. Waiting for a trail of injured patients is not an option. Yet, without that, hospitals and physician leaders often worry about the resistance they will face if they take action.

Join HortySpringer partners, Barb Blackmond and Phil Zarone, as they explore ideas and strategies for dealing with the borderline physician:

  • Catch as many issues as possible up front. Don't appoint the problematic physician. How to spot red flags in the post-Kadlec era.
  • Use a Statement of Expectations to lay the groundwork.
  • Consider the pitfalls and alternatives to addressing the generic rather than the specific (i.e., reviewing the whole department rather than only the individual) to avoid the hassle of appearing to focus on a single physician.
  • Use "best practices" approaches such as benchmarking and feedback reports (you'll need to do this anyway for JCAHO 2007 standards for more "evidence-based" credentialing and ongoing professional practice evaluation) .
  • Take steps that do not rise to the level of "adverse actions." (But how much leeway do you have for conditional reappointments and Performance Improvement Plans?)
  • Document actions to build a historical record for future leaders and a legal record for HCQIA immunity.
  • Avoid allegations of delay by potential "whistleblowers." Keep them informed without breaching peer review confidentiality. 

Audio CD: $225

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