It is not always possible to avoid a medical malpractice claim. However, there are certain standards and procedures that every practice should have in place to minimize the risk of a claim and assist in the defense of any claim.
The key elements of every type of medical malpractice claim are that the practitioner deviated from the standard of competent care, and the deviation caused injury to the client. Or, the client did not consent to the treatment or procedure. In order to defend against malpractice claims, there are several key components to incorporate into your practice.
First and foremost, all practices must know their state licensure requirements and be aware of what types of services can be offered and by whom. The degree to which the services can be delegated to an unlicensed health care provider or allied health care professional and what type of supervision is required varies by state. Therefore, it is imperative to know the specific requirements.
Any practitioner that decides to delegate a task must be able to perform the same tasks themselves. You cannot delegate a task to staff members that do not know how to perform. Delegating a task to a person who is not properly trained to perform the procedure or who is not permitted to perform the procedure can lead to a malpractice claim for negligent hiring, retention, training, or supervision.
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Allyson Avila is a contribution author for the American IV Association (AIVA). AIVA is a national association for owners, operators, and providers of IV hydration therapy services offering reliable guidance about evolving industry legal requirements, regulations, and best practices. AIVA’s resources enable members to improve practices, manage risks, and develop effective compliance. Visit for more information.