Actions physicians can take to mitigate potential risks of using patient portals to communicate clinical information with patents.
(July 2021)
While fatigue can negatively affect the performance of individual physicians, systematic and standardized approaches to teamwork and communication may help mitigate patient safety risks.
(July 2021)
The CMPA advises on how to reduce medico-legal risks from vaccination, and how to address vaccine hesitancy and refusal.
(June 2021)
Communication and conflict resolution skills may help physicians deal effectively and safely with challenging patient encounters.
(June 2021)
Effective communication and awareness of legal requirements are key to obtaining consent for treatment of children.
(May 2021)
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.
(May 2021)
For many physicians, a regulatory authority (College) complaint is stressful, but can be managed by speaking with the CMPA, assessing the complaint, and responding professionally and respectfully.
(May 2021)
Physicians can take these steps to maintain a safe office environment for their employees.
(April 2021)
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.
(April 2021)
Physicians who are familiar with regulatory requirements governing organ and tissue donations can more effectively meet their obligations and mitigate the potential for complaints.
(April 2021)
Professional and ethical obligations to keep in mind when considering offering medical services through online virtual clinics.
(April 2021)
Physicians should use their professional judgment when determining whether a virtual assessment, an in-person assessment, or a hybrid of both is best for individual patients.
(March 2021)
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.
(March 2021)
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.
(March 2021)
Advice for physicians on the importance of advance care planning, communication, and compliance with legal requirements amid COVID-19.
(March 2021)
The CMPA answers members’ medico-legal questions on the implications of deferring patient care during the COVID-19 pandemic.
(March 2021)
Ambulance offload delay results from ED crowding and can present unique medico-legal risks for ED physicians.
(March 2021)
An overview of the different legal protections attaching to different practice arrangements.
(March 2021)
Advice for physicians on providing safe virtual care via telephone and video amid COVID-19.
(March 2021)
When patients make requests for specific care providers, treatments, or services, physicians should assess whether they can reasonably accommodate such requests.
(February 2021)
An overview of obligations and issues for doctors when providing or discussing vaccinations with patients or legal guardians.
(December 2020)
A discussion of three practical steps physician leaders can take to create psychologically safe environments in their organizations, and deliver highly reliable and safe healthcare.
(December 2020)
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.
(December 2020)
A review of CMPA medical-legal cases and research literature describing the non-technical factors contributing to diagnostic errors by surgeons in hospital operating rooms.
(December 2020)
An overview of ways in which physicians can use patient decision aids (PDAs) to encourage shared decision-making.
(December 2020)
An overview of issues physicians need to consider when conducting treatment or non-treatment capacity assessments.
(December 2020)
Physicians are advocates for their patients and for healthcare improvements, but this dimension of medical care can be challenging. This article explores what advocacy means and what approaches are most effective and appropriate.
(November 2020)
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.
(September 2020)
What can be done to maintain quality care for patients and reduce medical-legal risks for physicians when patients do not heed medical advice.
(July 2020)
Advice for addressing healthcare resource dilemmas, reducing patient harm, and minimizing medical-legal risk amid COVID-19.
(May 2020)
This article discusses infections associated with intravenous drug use. These infections are on the rise and can be diagnostically challenging.
(March 2020)
A look at how the legalization of recreational marijuana may affect physicians’ practices, including whether it will eliminate patients’ requests for medical marijuana.
(January 2020)
Practical suggestions for disclosure of discrepancies stemming from pathological analysis or diagnostic imaging.
(December 2019)
While acute coronary syndrome is a challenging diagnosis, appropriate patient risk stratification and test management systems contribute to safer care and may lower medical-legal risk for physicians.
(December 2019)
Physicians should participate in quality assurance activities such as debriefs and should reduce their medical-legal risks by ensuring the debriefs are properly structured.
(December 2019)
Survival rates for colorectal cancer may be improved through early detection and diagnosis, and physicians can take steps to help ensure a timely diagnosis.
(December 2019)
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.
(October 2019)
Clarity about who is responsible for the care of a patient at any given time improves patient safety and reduces medico-legal risk.
(October 2019)
Physicians working in walk-in clinics face unique challenges and medical-legal risks related to team communication, management of test results, and review of delegated work.
(September 2019)
Physicians can benefit from an early understanding of the potential benefits and challenges that AI brings to patient care, and the possible medical-legal risks associated with using AI technologies.
(September 2019)
An exploration of the role of situation awareness in the timely diagnosis of subarachnoid hemorrhage.
(September 2019)
Guidance for specialists on their ethical and professional responsibilities in accepting to care for new patients.
(September 2019)
Prescribing to non-resident patients whose primary purpose for coming to Canada is to obtain medication can increase your medical-legal risk.
(August 2019)
Physicians should understand the role of coroners and medical examiners in Canada,
and how and when to provide information to them.
(June 2019)
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.
(June 2019)
A review of CMPA medical-legal cases involving spinal surgery performed by a neurosurgeon or orthopaedic surgeon with risk management strategies for all phases of surgical care.
(June 2019)
A description of the impact of overly limited or absent of physical examination on diagnostic error and patient harm using CMPA cases.
(June 2019)
Physicians can successfully manage online ratings using a reasonable and measured approach.
(April 2019)
Limiting patients to one issue per visit can lead to negative perceptions if not communicated with respect and diplomacy.
(April 2019)
Guidance for physicians on assessing whether a chaperone is right for their practice.
(March 2019)
Physicians treating pregnant patients should be knowledgeable about the developments in prenatal testing and the current standards of practice, and be able to communicate testing information so patients can make informed decisions on the future of their pregnancy.
(March 2019)
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.
(March 2019)
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.
(March 2019)
When physicians offer a clinical comment or opinion that will be relied on to care for a patient, they may owe that patient a duty of care—even if they have never met the patient in person.
(January 2019)
The courts expect physicians to provide appropriate care to patients, making effective use of available resources.
(December 2018)
A review of CMPA legal cases involving diagnostic error by physicians working in the emergency department, with risk management strategies for assessing patients.
(December 2018)
A study of CMPA medical-legal cases examines the risks of prescribing medication to older adults.
(December 2018)
Timely diagnosis and treatment depends on obtaining sufficient clinical information, monitoring the situation, and thinking ahead.
(December 2018)
Physicians acting as clinical supervisors play a valuable role in the remediation of physician colleagues and, as members of the CMPA, are eligible for the Association’s assistance if medico-legal difficulties arise.
(December 2018)
Consulting physicians may be expected to provide appropriate advice to referring physicians even when their facility cannot accept the patient.
(November 2018)
The CMPA analyzes members’ calls and medical-legal questions about opioid treatment of patients suffering chronic non-cancer pain.
(September 2018)
The CMPA examined legal cases involving rare but serious complications in airway management and found that situational awareness, adequate preparation, and well-coordinated teams were crucial for patient safety.
(September 2018)
Highlights from CMPA discussion paper “The role of physician leaders in addressing physician disruptive behaviour in healthcare institutions.”
(September 2018)
The increased availability of genetic testing raises a number of medico-legal questions that physicians should consider.
(September 2018)
Steps physicians can take to help patients with poor health literacy skills.
(September 2018)
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.
(September 2018)
Physicians can be better prepared to transfer patient health information when they understand who has custody of and access to medical records.
(May 2018)
A review of medical-legal cases involving complications of cholecystectomy.
(May 2018)
Physician leaders may consider using the Framework for Safe, Reliable, and Effective Care when planning and designing highly reliable healthcare delivery systems.
(May 2018)
Considerations for physicians when a prospective patient does not have a health card.
(May 2018)
The CMPA supports quality improvement activities that have the potential to create safer surgical care and decrease adverse events.
(March 2018)
Tips for physicians to help prevent drug diversion and related unlawful prescription activity, and avoid potential medical-legal difficulties.
(March 2018)
Any physician contemplating an investigation or treatment for a woman of reproductive age should consider ruling out pregnancy.
(March 2018)
Learnings from a review of CMPA medical-legal cases related to the care of patients with Alzheimer’s disease and other dementias.
(March 2018)
Physicians working with medical scribes should be aware of their obligations as an employer, delegator, and supervisor.
(January 2018)
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.
(November 2017)
Physicians in their first 5 years of practice are often unfamiliar with the regulations and guidelines of their medical regulatory authority (College) and find themselves in medical-legal difficulties as a result.
(June 2017)
Physicians can take steps to mitigate the medical-legal risks of patients taking photos and making video and audio recordings during healthcare encounters.
(February 2017)
Wellness strategies and resources for physician residents
(November 2016)
Protecting the privacy of patient information when using digital communication channels, including email, portals, and social media platforms.
(January 2016)
Considerations for ending the doctor-patient relationship.
(June 2015)
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.
(June 2015)
Strategies to help mitigate risks for physicians who work night shifts.
(October 2014)
Advice for physicians acting as media spokespersons
(October 2014)
Physicians should be aware of the pros and cons of social media and the risks of participating.
(October 2014)
Tips to help physicians participate appropriately in using social media.
(October 2014)
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.
(September 2014)
Physicians can successfully manage online ratings using a reasonable and measured approach.
(September 2014)
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.
(April 2014)
This article discusses what physicians can do to deliver culturally competent and culturally safe medical care.
(March 2014)
Physicians should carefully reassess patients who return with symptoms that are not resolving as expected or are worsening.
(September 2013)
Physicians considering various arrangements for practising medicine, other than the privileges-based model, need to consider any medico-legal implications.
(September 2012)
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.
(March 2012)
In legal proceedings where courts are determining if the care provided met the standard of care, authoritative clinical practice guidelines may be considered as one piece of evidence.
(September 2011)
A discussion on how members can help meet the clinical, emotional and informational needs of patients after large scale adverse events.
(June 2011)
Responsibilities of physicians when planning to close or leave a practice due to retirement, illness, or other reasons.
(March 2011)
A discussion of how physicians can improve their inter-professional communication skills, leading to better care for patients and reduced medico-legal risks for physicians.
(March 2011)
Most physicians agree that clinical practice guidelines (CPG) can improve the quality of clinical care. In a legal case, however, a court may place more weight on the standard of care of a "prudent colleague" than on a CPG.
(March 2011)
Physician-patient communication is a critical aspect of effective care that may be enhanced with these suggested approaches.
(December 2010)
It is well recognized that health care providers continuously strive to ensure the best possible clinical outcomes for their patients. They do so cognizant that no one individual or system can ever fully eliminate the risk and occurrence of adverse events
(July 2009)
Clinical care is increasingly provided by collaborative teams with the promise of better outcomes for patients. This document identifies potential medico-legal risks in collaborative care and proposes solutions to lessen those risks for patients and providers.
(January 2008)
DISCLAIMER: The information contained in this learning material is for general educational purposes only and is not intended to provide specific professional medical or legal advice, nor to constitute a "standard of care" for Canadian healthcare professionals. The use of CMPA learning resources is subject to the foregoing as well as the CMPA's Terms of Use.
