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Friday May 17, 2013
In an arbitration ruling in December 2011 in case of The Estate
of Jane Doe versus ABC Health & Rehabilitation Center the terms
specified in the Medical Director Agreement played a significant
role in the Arbitration Panel ruling in favor of the defendant ABC
Health and Rehab. The Arbitration Panel members found there
had been no showing that any act or omission by the nurses at ABC
Health and Rehabilitation Center constituted a breach of the
applicable standard of care or caused the medical problems
culminating in the resident's death. A significant
factor in the favorable outcome of this case for the facility was
the terms of the Medical Director Agreement. The Medical
Director Agreement stated that the Medical Director was an
independent contractor; the roles of the medical director were
clearly stated and did not include a responsibility to diagnose or
treat patients. Rather, the agreement clearly stipulated that
any services the physician was to provide in that regard were to be
in his independent role as an attending physician and the facility
was not liable for the acts or omissions of the attending
physician.
Are the roles of your Medical Director in your Medical Director
Agreement clearly defined and separate from any acts he/she may
engage is as attending physician who has a responsibility to
diagnose and treat patients? If not you may wish to review
your contract with your corporate counsel and decide if
clarification is needed to this area or any other areas of the
agreement.
A sample Medical Director Agreement for your review is
available from the American Medical Director Association at the
link below. We do not recommend any changes to your agreement
without review and discussion with your corporate
counsel.