Physician-patient

Physician-patient

Communicating effectively with patients to optimize their care

All articles listed under "Physician-patient" category

Family disputes and the physician: Staying focused on safe care
Physicians can take reasonable steps to maintain the best interests of the patient in the midst of family disputes concerning the care of children or of elder patients.
Can border agents search your mobile device?
Advice for physicians travelling across international borders and carrying devices that may contain patient information.
What to do when patients do not follow the doctor’s advice: Dealing with non-adherence
What can be done to maintain quality care for patients and reduce medical-legal risks for physicians when patients do not heed medical advice.
Engaging patients in their own care: Patient decision aids
An overview of ways in which physicians can use patient decision aids (PDAs) to encourage shared decision-making.
How physician-patient interpersonal dynamics affect likelihood of patient complaints
The likelihood of patients making a complaint is reduced when they perceive genuine care and concern, compassion, honesty, and acknowledgment of their values and preferences.
The continuing evolution of medical assistance in dying
An update on the evolving rules and processes around MAID.
Results and expectations: Test follow-up and the office-based family physician
Focusing on the follow-up phase of clinical testing for office-based family physicians, this article presents actionable advice based on a review of CMPA legal and College cases.
Is this patient capable of consenting?
A discussion of consent issues that may arise when caring for adults with diminished mental capacity (competency).
Providing quality end-of-life care
End-of-life treatment decisions can be difficult for both physicians and patients, but many issues can be avoided by following the key concepts outlined.
Using restraints and helping ensure patient safety
While restraints should be used only in extraordinary circumstances, physicians can take steps to reduce the risks and help ensure patient safety.
Writing with care: Word choice matters in medical records and reports
Documentation in clinical notes and reports to third parties should be factual, objective, and use a suitable tone of medical professionalism.
Caring for children when child protective services (CPS) are involved
Information on consent and access to records when child protective services are involved.
My patients, my records?
Practising physicians, particularly those at the beginning of their career, should ensure they have enduring access to medical records after leaving a practice for medical-legal purposes.
Closing or leaving a practice: Tips for physicians
Responsibilities of physicians when planning to close or leave a practice due to retirement, illness, or other reasons.
Why do you need to know? A balancing act for accessing personal health information
Physicians may face a privacy breach when viewing personal health information that is not required for current clinical care and without the patient’s or information custodian’s consent.
When a patient fakes or alters a test requisition
Steps physicians can take if they receive results of a lab test they did not request.
Capacity assessments: Understanding the challenges for physicians
An overview of issues physicians need to consider when conducting treatment or non-treatment capacity assessments.
Preparing expert opinion reports
Advice for Canadian doctors on how to prepare an expert opinion report.
Preparing treating physician reports and IME reports
Physicians who respond affirmatively to a request for a medical-legal report should prepare the report with care and in keeping with their College’s policies and guidelines.
Texting safely about patient care: Strategies to minimize the risks
Text messaging offers the potential for improved communication among physicians and healthcare teams, and using it appropriately can mitigate some of the inherent risks of this channel.
Completing medical certificates of death: Who’s responsible?
A discussion of physicians’ obligations when certifying a patient’s death.
Protecting children — Reporting child abuse
If physicians have reason to believe a child is in need of protection, they are responsible for informing the appropriate authority in a timely manner. Planning what to say to the family is important.
Online physician reviews: How to manage your virtual presence
Physicians can successfully manage online ratings using a reasonable and measured approach.
Severe jaundice in newborns: Six important considerations
A review of the precautions that physicians can take to address the risk of sever jaundice in newborns.
10 tips for using social media in professional practice
Advice for physicians for using social media in a way that is mindful of medico-legal risk.
AI Scribes: Answers to frequently asked questions
Answers to questions physicians have been asking about the use of AI scribe services
Recording clinical encounters with patients: What physicians need to know
When physicians wish to record a clinical encounter, they should first obtain express consent from the patient and have in place security measures to ensure confidentiality.
Limiting discussion to one medical issue per visit: Know the risks
Limiting patients to one issue per visit can lead to negative perceptions if not communicated with respect and diplomacy.
The physician as teacher: What are the responsibilities?
Physicians supervising medical trainees must keep in mind their responsibilities to patients when delegating tasks to trainees.
When to disclose confidential information
Physicians owe patients a duty to keep their personal health information confidential, yet there are times when this conflicts with other statutory duties or with concerns for public safety.
Did you know? You need authorization to provide medical records to lawyers
Physicians may release a patient’s medical records to lawyers only with patient authorization or where required by law.
Advance care planning: The key to person-centred end-of-life care
Physicians should consider encouraging patients to engage in advance care planning and appointing a substitute decision-maker early, before the patient no longer has the capacity to consent to end-of-life care.
When a patient seeks a second opinion
When a patient seeks a second opinion about a diagnosis or treatment plan, the other viewpoint will confirm, modify, or offer alternatives to the initial one, and ultimately the patient is free to decide.
Preventing the misuse of opioids
Physicians can take steps to help prevent abuse of the opioids they prescribe, while improving safety for their patients and reducing their own medico-legal risk.
Emotional support animals
Advice for physicians when a patient presents with an emotional support animal or requests a letter supporting their use of an emotional support animal.
Doctors’ certificates: Real or fake?
How to respond to queries seeking to verify the authenticity of doctors’ certificates.
Diagnostic delays in sepsis
A plain-language review of CMPA’s 2023 research piece about sepsis, featuring key messages and advice for physicians.
Using clinical photography and video for educational purposes
An exploration of privacy and consent issues when using clinical images or recordings of patients to teach medicine.
Physicians and research: Understanding your obligations
Physicians participating in clinical research studies should be aware of their relevant legal, ethical, and professional obligations.
Treating transgender and non-binary individuals
Physicians who treat or who are asked to treat transgender individuals should be aware of the ethical and legal considerations in these circumstances to avoid allegations of discrimination.
When you cannot reach a patient
Guidance for physicians who can not reach a patient.
Responding to requests for children's medical records
The physician's role in providing a child's medical information to a parent.
The medical record: A legal document — Can it be corrected?
Physicians should exercise care in modifying or correcting medical records. Suggestions on when and how to go about this are provided.
Cosmetic medicine: Three key medico-legal issues
Key points for physicians to keep in mind if they are providing cosmetic medicine procedures.
How to reduce the risks of procedure-based dental injury
Steps that physicians can take to reduce the risk of dental injury to patients.
Should you confirm whether your patient is pregnant?
Guidance for physicians about addressing the possibility of pregnancy when preparing patients for procedures that could be harmful.
Five things to keep in mind when treating patients with cognitive decline
A review of the physicians who treat patients with cognitive decline.
Genetic testing — What are physicians’ options and obligations?
The increased availability of genetic testing raises a number of medico-legal questions that physicians should consider.
Providing access to independent medical examinations
Individuals have a general right to access their personal information in independent medical examination files, but there are exceptions to what must be produced
Accepting new patients: The key to effective practice management
Accepting and refusing new patients is part of managing a primary care practice, and physicians should be aware of their College’s policies on this matter.
Limited healthcare resources: The difficult balancing act
The courts expect physicians to provide appropriate care to patients, making effective use of available resources.
Ending the doctor-patient relationship
Considerations for ending the doctor-patient relationship.
Who has custody of medical records, and who is entitled to access them?
Physicians can be better prepared to transfer patient health information when they understand who has custody of and access to medical records.
Deceased patients’ medical records: When can they be disclosed?
Considerations for physicians when responding to requests for deceased patients’ medical records.
Social media: The opportunities, the realities
Physicians should be aware of the pros and cons of social media and the risks of participating.
Managing access to electronic health records
A discussion of the principles of access, the challenges with access, and managing the risks.
Smartphone recordings by patients: Be prepared
Physicians can take steps to mitigate the medical-legal risks of patients taking photos and making video and audio recordings during healthcare encounters.
Fitness to participate: Reduce your risk when patients ask for a certificate of fitness
An overview of how to reduce medico-legal risks when completing fitness to participate forms.
Patient safety incident reviews: How to report and participate
A just patient safety culture promises the provision of higher quality and safer care. Advice is provided to CMPA members on participation in reporting and reviews of adverse events and close calls in hospitals and institutions.
Responding to an incident that affects multiple patients
Guidance for providing disclosure following harmful incidents in which more than one patient is affected.
How to manage your medical records: Retention, access, security, storage, disposal, and transfer
An overview of the principles of retention, sharing and transferring of medical records.
Helping patients make informed decisions
This article explores the role of physicians in promoting the exchange of information and active decision-making by patients. It also examines the relationship between decision-making and consent.
Protecting patient privacy when delivering care virtually
Protecting the privacy of patient information when using digital communication channels, including email, portals, and social media platforms.
Healthcare directives: What you really need to know
Greater clarity in patient care can be achieved through healthcare directives, and when physicians understand their purpose and the rules governing them.
Cybersecurity threats: Are you prepared?
How doctors can help protect their information technology systems from cybersecurity threats and what they should do in the event of a cybersecurity incident.
Using clinical practice guidelines wisely
Adherence to credible CPGs can be beneficial and assist in providing quality care, though they do not necessarily establish a standard of care
Alternative medicine – What are the medico-legal concerns?
Whether providing or referring patients to alternative treatments, physicians need to remain mindful of their professional obligations, potential medico-legal risks
“I’m sorry this happened.” Understanding apology legislation in Canada
Certain provinces have legislation to prevent apologies for adverse events from being used in court proceedings.
What happened to the physical exam?
A description of the impact of overly limited or absent of physical examination on diagnostic error and patient harm using CMPA cases.
Continuity of care: Helping patients avoid falling through the cracks
The Colleges outline expectations for continuity of care, and physicians can enhance continuity when they are aware of their professional obligations, and have the necessary systems in place for managing tests, patient transfers, and availability and coverage.
A team’s approach to patient communication can improve the surgical journey: Three strategies for physicians
A review of CMPA medico-legal cases showed opportunities for physicians to improve their communication and coordination of care for patients undergoing non-urgent in-hospital surgery.
Did you know? Patients can restrict access to their health information
Physicians should try to accommodate patients’ requests to limit access to their personal health information.
"Dictated but not read": Unreviewed clinical record entries may pose risks
The practice of marking transcribed reports or entries “dictated but not read” gives rise to medical-legal risks and can create uncertainty for those relying on that information in providing patient care.
Tired? You’re not alone...
While fatigue can negatively affect the performance of individual physicians, systematic and standardized approaches to teamwork and communication may help mitigate patient safety risks.
Patient portals—Considerations for safety and medico-legal risk
Actions physicians can take to mitigate potential risks of using patient portals to communicate clinical information with patents.
Age of consent for sexual activity and duty to report
Changes to the Criminal Code have raised the age of consent for sexual activity. Physicians should be guided by legislation in each province and territory on their duty to report such activity to the appropriate authorities if there are reasonable grounds to believe the child is being abused.
Vaccinating: Doing it safely, and addressing vaccine hesitancy and refusal
The CMPA advises on how to reduce medico-legal risks from vaccination, and how to address vaccine hesitancy and refusal.
Challenging patient encounters: How to safely manage and de-escalate
Communication and conflict resolution skills may help physicians deal effectively and safely with challenging patient encounters.
Can a child provide consent?
Effective communication and awareness of legal requirements are key to obtaining consent for treatment of children.
College complaints on the rise: Better communication can help
Although communication is identified as an underlying issue in the significant 10-year rise in the number of members asking for CMPA help with College complaints, research suggests physicians can improve their interactions with better communication skills.
How to manage conflict and aggressive behaviour in medical practice
Physicians regularly encounter patients or family members who behave aggressively and make demands that may be unrealistic and potentially harmful. In their medical practice, physicians need strategies and tools to manage conflict and such challenging behaviours.
Organ and tissue donation: Who has the final say?
Physicians who are familiar with regulatory requirements governing organ and tissue donations can more effectively meet their obligations and mitigate the potential for complaints.
Thinking of working with virtual clinics? Consider these medical-legal issues
Professional and ethical obligations to keep in mind when considering offering medical services through online virtual clinics.
Performing lower extremity joint surgery? Take proactive steps to enhance safe surgical care
An analysis of CMPA medico-legal cases involving lower extremity joint surgery and the non-technical factors contributing to patient harm and medico-legal risk.
Know what you’re signing: Employment contracts, procedural protection, and CMPA assistance
An overview of the different legal protections attaching to different practice arrangements.
When patients make special requests, how should you respond?
When patients make requests for specific care providers, treatments, or services, physicians should assess whether they can reasonably accommodate such requests.
The changing practice of medicine: Employment contracts and medical liability
Physicians considering various arrangements for practising medicine, other than the privileges-based model, need to consider any medico-legal implications.
Can intraoperative decisions be diagnostic errors?
A review of CMPA medico-legal cases and research literature describing the non-technical factors contributing to diagnostic errors by surgeons in hospital operating rooms.
Mind the gap: Challenges for safe mental health care
Care for patients with mental health concerns can be complicated, especially when access to psychiatric expertise is limited. Consider these strategies to address medical-legal risks when managing patients’ mental health needs.
Hidden impacts of the opioid crisis: Rare infections are on the rise
This article discusses infections associated with intravenous drug use. These infections are on the rise and can be diagnostically challenging.
Closing the loop on effective follow-up in clinical practice
This article offers practical tips and techniques for building a robust system for follow-up of clinical test results that can be applied in both office and hospital practice settings.
Managing stress when transitioning to new electronic record systems
Strategies for managing the stress associated with transitioning to a new EMR system for managing patient records.
Disclosing harm from healthcare delivery: Open and honest communication with patients
This publication provides guidance and good practices about physician communications with patients concerning the disclosure of harm stemming from healthcare delivery, and aligns with the Canadian Patient Safety Institute’s (CPSI) Canadian Disclosure Guidelines (2011).

DISCLAIMER: This content is for general informational purposes and is not intended to provide specific professional medical or legal advice, nor to constitute a "standard of care" for Canadian healthcare professionals. Your use of CMPA learning resources is subject to the foregoing as well as CMPA's Terms of Use.