Concerned about getting sued as a case manager in your job?
It could happen to you.
Case managers are increasingly in the crosshairs of malpractice lawsuits, according to a speaker at last week’s CMSA convention in the Chicago area.
A lawsuit involving an elderly woman who slipped off a raised toilet seat is one example of a rising number of case managers who are being named as defendants, according to an expert.
Dr. Lynn Muller, who is an RN and a lawyer, spoke at the Chicago chapter of the Case Management Society of America’s annual convention in Oak Brook Apr. 29.
“The most common question I get in my job is, ‘How long am I responsible for my client after they are discharged?’” she said.
In one case in New Jersey, a woman named Karen claimed medical damages after she was discharged from a hospital and slipped off a raised toilet set that was delivered and set up by a medical supply company employee.
“Negligent referrals”
“There is a new legal theory called negligent referrals,” Muller said.
The best practice is a “warm handoff to another professional,” she advised. In most cases this simply means making a phone call to make sure that the discharged patient showed up for a scheduled doctor’s appointment or has met with another healthcare professional. And be sure to document all communications.
See Dr. Muller’s slide presentation on the CMSA website, “Case Management – Our Responsibility at Discharge and Beyond.”
