UTMB Management Responsibilities Handbook

Clinical Professional Liability

Accountability

The department head is expected to oversee the clinical practice of the department, and to identify situations that may present extreme risk, or risk through a pattern of occurrences. Each department head should keep abreast of significant clinical events, licensure status, claims and lawsuits, and other matters that may impact the clinical practice of the department’s faculty members, fellows, and residents. Communication with the Risk Management (RM) and Claims Management (CM) Offices is important in this regard. The department head should report, or direct the physicians involved to report matters that may result in professional liability claims.

Department Head Responsibilities

The department head is responsible for ensuring that:

• A procedure is established through which reportable incidents are reported to the RM Office   at or near the time of an occurrence.
• Information regarding physician licensing is provided to the Medical Staff Office prior to the   date of license expiration.
• Department physicians fulfill required UT System Risk Management education programs.
• The status of professional liability coverage is monitored for all department physicians.

Potential Problem Areas

Department heads need to be especially aware of the following problem areas:

• Physicians whose licenses have expired, or who have not yet been issued a license, are    not covered by any applicable professional liability insurance, and should not provide    clinical care until the Texas State Board of Medical Examiners can confirm that a complete    application has been received, and the license has been issued/renewed.
• All personnel, clinical or otherwise, who require a license to perform their specific job    functions, must have a current, valid license while working at UTMB.
• Coverage under the UT System Professional Medical Liability Self-Insurance Plan is limited    to medical liability claims. Coverage will be provided for claims arising from activities    performed within the scope of the physician’s job duties. Other types of claims may be    covered under the Texas Civil Practice and Remedies Code which is available to all state    employees. Questions regarding coverage and job duties should be directed to the RM or    CM Offices.
• All claims, lawsuits or potential malpractice allegations from patients, families or outside    attorneys must be promptly reported to the CM or RM Offices. Failure to make a prompt    report may compromise the defense available to a physician and jeopardize the provisions    of coverage as described in the previous item.
• Information provided to the RM or CM Offices regarding physicians and patient care    incidents is eligible for peer review protection under state law. To ensure confidentiality,    contact the RM Office for direction prior to making any written reports.

Return to UTMB Management Responsibilities Handbook Table of Contents

Return to Compliance Home Page

UTMB | Search | Directories | Toolbox | News | Jobs | Contact | Sitemap 
UT System | Reports to the State | Compact With Texans | Statewide Search

This site published by The Office of Institutional Compliance.
Copyright © 2001 - 2002 The University of Texas Medical Branch.
Please review our privacy policy and Internet guidelines.