Virginia law school gives doctors new perspective on liability litigation

Physicians experience the other side, hearing from plaintiff's attorneys and risk managers, while earning CME.

By Myrle Croasdale, AMNews staff. Nov. 13, 2006.

Richard Rosenthal, MD, is passionate about the importance of understanding medical liability law, a transformation that took place while attending a novel six-session course offered by the University of Richmond School of Law in Virginia.

The school gives practicing physicians a chance to attend legal lectures with law students -- and earn up to 27 continuing medical education credits -- for participating in the Saturday classes, "Medical Malpractice Law and Litigation." A lineup of guest speakers, including plaintiff attorneys, especially adds to the doctors' experience.

At the course's culminating mock trial this spring, Dr. Rosenthal, chief of the allergy department at Inova Fairfax Hospital in Virginia and an assistant professor at Johns Hopkins School of Medicine, traded his physician perspective for that of a plaintiff's attorney, getting a taste for how lawyers tailor arguments to favor their clients.

He uses the knowledge he acquired to teach medical students how laws put teeth into the ethical principles medical schools teach. The experience ended up changing the way he practices medicine.

"I'm more aware of things I could be doing in my practice to take the construct of a negligence suit into account," Dr. Rosenthal said. "If I deviate from the standard of care, there has to be a good reason for it, and I document it. If you don't document it, you didn't do it."

The high cost of medical liability insurance concerns most physicians. The American Medical Association lists 21 states in crisis because rising liability premiums are forcing doctors to retire early, give up high-risk procedures or move. It lists Virginia among those facing increasing problems, but not in crisis.