2026 Risk Management Programs
LEGAL ISSUES: Malpractice Prevention from the waiting room to the operating room
Presented by Armstrong, Donohue, Ceppos, Vaughan and Rhoades
This 2-hour interactive course equips healthcare professionals with practical strategies to minimize malpractice risks in high-stakes practice and surgical environments. Participants will explore real-world scenarios involving operating room (OR) conundrums, such as unexpected intraoperative complications; managing belligerent pre-op patients who resist protocols; handling consent for patients with limited decision-making capacity; and safely administering and monitoring pain medications like opioids to prevent adverse events. Through case studies, role-playing, and evidence-based guidelines, attendees will learn to enhance documentation, communication, and decision-making to protect patients and reduce liability exposure.
Objectives
- Identify common OR conundrums (e.g., equipment failures or team miscommunications) and apply risk mitigation techniques, such as standardized checklists and escalation protocols, to prevent malpractice claims.
- Develop de-escalation strategies for belligerent pre-op patients, including legal documentation of refusals and alternative care pathways, to ensure compliance and safety.
- Navigate consent challenges for patients with limited capacity, utilizing surrogate decision-makers, capacity assessments, and emergency doctrines while adhering to ethical and legal standards.
- Implement best practices for managing opioid administration in perioperative settings, including monitoring for respiratory depression, tapering protocols, and interdisciplinary coordination to avoid addiction-related or overdose liabilities.
PRACTICE EXCELLENCE - WEBINAR SERIES (Office Staff – Not for RM Premium Credit)
Presented by Kem Tolliver, BS, CMPE, CPC, CMOM
Like last year’s program, this year will feature a “series” of programs that address the different topics pertinent to the needs of Practice Managers. Each webinar will be from 12 pm to 1 pm.
Please note that this course is for office staff only and physicians who attend will not receive CMEs and will not receive the Risk Management premium credit.
Objectives
- CMS Final Rule for 2025
- Top 10 Compliance Vulnerabilities (cyber, spamming, fraud)
- Avoiding HR Risks
Protecting Your Practice: Pre-Lawsuit Strategies for Pediatric Malpractice
Presented by German Rodriguez and Stephen Hirsch, MD
This 2-hour lecture equips pediatricians with tools to reduce malpractice risks when adverse outcomes occur despite standard care. It reviews 2015-2025 pediatric lawsuit trends (e.g., 3.1% of pediatricians sued annually vs. 7.4% of all physicians), MedMutual data on cases, and factors like poor communication or documentation that drive claims. The course introduces MedMutual’s Witness Assistance Coverage (up to $10,000) for subpoenas or patient inquiries. Using 2-3 vignettes of delayed diagnoses, participants practice empathetic, legally sound responses to families, guided by “I’m sorry” laws, with audience discussion on optimal reply methods (phone, portal, or written).
Objectives
- Outline 2015-2025 pediatric malpractice trends and MedMutual case data to understand risk factors.
- Identify factors increasing lawsuit risk (e.g., communication gaps) and protective measures (e.g., full recovery).
- Explain MedMutual’s Witness Assistance Coverage for subpoenas or patient complaint responses.
- Craft empathetic, legally sound responses to family concerns using “I’m sorry” laws.
- Practice responses to delayed diagnosis scenarios through vignettes, with audience input on effective communication.
AI in Clinical Practice: EMR Integration, Legal Implications and the Road Ahead
Presented by John Sly, Esq.
This two‑hour course introduces how AI is reshaping clinical practice and medical malpractice risk. It covers core AI concepts and common tools, examines risks from standalone apps and EMR‑integrated AI, and highlights workflow issues such as alert fatigue. Participants review key legal frameworks—including the 21st Century Cures Act, the Information Blocking Rule, and emerging questions about vendor versus provider liability—and learn practical strategies for documentation, oversight, and maintaining clinical judgment. The session ends with a look at future trends like AI agents and evolving FDA regulation of Software as a Medical Device to support proactive risk management.
Objectives
- Define key AI concepts (e.g., AI vs. ML vs. NLP) and identify types of clinical tools (e.g., chatbots, embedded algorithms) to evaluate their appropriate use.
- Assess risks of standalone AI tools in clinical settings, such as diagnostic errors from symptom checkers, and implement safeguards against misinformation.
- Explain AI-EMR integrations (e.g., ambient scribes, risk prediction) and their impacts on workflows, including strategies to combat alert fatigue.
- Outline the 21st Century Cures Act, Cures Rule, and Information Blocking provisions, including obligations for AI transparency and interoperability.
- Analyze emerging malpractice issues, such as liability for AI reliance, informed consent for algorithmic decisions, and standards of care under medical board scrutiny.
- Apply best practices for AI risk mitigation, including documentation of tool use, override policies, and maintaining clinical oversight, while anticipating trends like regulatory changes in SaMD.
Clear Vision, Low Risk: Mastering Ophthalmology Malpractice Challenges
Presented by Dr. Sonny Goel and April Hitzelberger, Esq.
This 2-hour interactive course is designed for ophthalmologists and eye care professionals seeking to enhance their malpractice risk management strategies. Participants will explore best practices for serving as an effective expert witness while maintaining professional integrity and avoiding undue criticism of peers. The curriculum also covers critical legal obligations related to motor vehicle accident (MVA) reporting, as well as evidence-based approaches to determining the need for treatment and follow-up in age-related macular degeneration (AMD) cases. Through analysis of real-world closed claim studies, attendees will gain practical insights into common pitfalls, ethical dilemmas, and proactive measures to mitigate litigation risks in clinical practice.
Objectives
- Demonstrate strategies for providing balanced, effective expert testimony in malpractice cases without compromising collegial relationships or ethical standards.
- Explain ophthalmologists' legal and ethical obligations for reporting visual impairments in the context of motor vehicle accidents (MVAs), including state-specific requirements and documentation best practices.
- Apply clinical guidelines to assess the necessity of treatment and follow-up for patients with age-related macular degeneration (AMD), incorporating risk stratification and patient-centered decision-making.
- Analyze closed claim studies from ophthalmology malpractice cases to identify recurring themes, root causes of errors, and actionable steps to prevent similar incidents in their own practice.
- Integrate risk management principles into daily clinical workflows to reduce exposure to malpractice claims while upholding high standards of patient care.
Navigating Board of Medicine Complaints: Risk Management Strategies for OB/GYNs and Surgeons
Presented by John T. Sly, Esq. and Steven Berlin, MD
This specialized risk management course is designed for obstetricians, gynecologists, and surgeons to equip them with practical tools for preventing and handling medical board complaints. Drawing from real-world insights shared in a mock vignette interview between John T. Sly, Esq., an expert in defending physicians, and Dr. Steven Berlin, who has successfully navigated multiple board defenses, the course uses anonymized case studies from closed MedGuard and board complaints rather than malpractice litigation. Participants will explore the full lifecycle of a board complaint—from initial triggers to resolution—focusing on proactive prevention measures and effective strategies during the investigative process to minimize stress, protect professional reputations, and improve outcomes.
Objectives
- Understand the typical lifecycle of a medical board complaint, including common triggers specific to OB/GYN and surgical practices.
- Identify key risk factors and implement preventive strategies to reduce the likelihood of complaints arising from patient interactions, documentation, or procedural issues.
- Learn best practices for responding to complaints during the process, such as gathering evidence, communicating with boards, and leveraging expert defenses.
- Analyze real-world case studies from closed MedGuard and board complaints to apply lessons learned to personal practice scenarios.
- Develop skills to make the complaint process more manageable, including self-advocacy techniques and collaboration with defense experts like Mr. Sly and Dr. Berlin.
Modern Medicine, Modern Risks: What Primary Care Physicians Need to Know
Presented by Daniel Kohn, MD and Andrew Marter, Esq.
This case‑based educational activity is designed to reduce malpractice risk in primary care by strengthening provider documentation practices and improving communication with patients and clinical colleagues. The content is informed by a recent closed‑claim study reviewing malpractice claims from 2018 to the present, highlighting common drivers of claims such as communication failures, incomplete or delayed documentation, inadequate informed consent, breakdowns in follow‑up, and poor coordination of care. Through real‑world claim scenarios, participants will examine practical strategies for creating accurate, timely, and defensible medical records, conducting effective patient and interprofessional communication, and clarifying EMTALA boundaries as they relate to outpatient practice.
Objectives
- Apply closed‑claim‑supported documentation practices by creating timely, accurate, and clinically meaningful medical records that clearly reflect assessment, clinical reasoning, and decision‑making.
- Enhance communication with patients and clinical colleagues through clear, consistent, and well‑documented exchanges that reduce ambiguity, clarify responsibility, and address common communication failures identified in malpractice claims since 2018.
- Recognize and mitigate liability risks related to care transitions, including referrals, cross‑coverage, and emergency department interactions, by accurately documenting coordination of care and distinguishing EMTALA obligations from primary care responsibilities.
BUILD A CULTURE OF COMPLIANCE WITH THE HIPAA MODULES
Created by members of Professionals Advocate’s Risk Management Department
These training modules address the essential elements of maintaining the privacy and security of sensitive information and protected health information (PHI) within the medical practice.
Objectives
- Discuss the HIPAA Privacy, Security and Breach Notification Rules
- Recognize identifiers that create protected health information (PHI)
- Recognize situations in which confidential and protected health information can be mishandled
- Identify practical ways to protect the privacy and security of sensitive information, including PHI
- Recognize the consequences of improperly handling confidential information or PHI
- Understand how to comply with the Breach Notification Rule
MOCK TRIAL: ORDER IN THE COURT!
Presented by attorneys from the law firm of Armstrong, Donohue, Ceppos, Vaughan & Rhoades, Chtd.
This online course will feature a “mini” medical malpractice trial from opening statements to closing arguments. The defendant Physician and expert and fact witnesses for both the plaintiff and defense will be examined and cross-examined. The courtroom drama will also highlight the elements of a successful defense to a malpractice suit and illustrate how medical record-keeping plays a key role in how cases are won or lost at trial.
Objectives
- Understand how medical malpractice trials are conducted
- Recognize how medical record-keeping and deposition testimony play out in malpractice trials
- Understand the key elements of a successful defense of Physicians
OPIOID PRESCRIBING: AVOID THE PAIN 3.0
Presented by John Sly, Esq. of Waranch & Brown, LLC
This updated 3.0 version expands on what was learned in prior Opioid Prescribing courses. This iteration will feature updated guidelines from the CDC as well as real-life scenarios that will illustrate the complexities of prescribing controlled substances and ways you can protect yourself from litigation and potential patient harm.
Objectives
- Understand the use of opioids to treat pain
- Recognize the laws governing opioids
- Identify patient risks for dependency
- Limit risks to your patient and your practice in prescribing opioids
CASE IN POINT IV - INFORMED CONSENT
According to the American Medical Association’s Code of Medical Ethics, informed consent to medical treatment is fundamental in both ethics and law. Patients have the right to receive information and ask questions about recommended treatments so that they can make well-considered decisions about their care. This new online course will help Physicians navigate the process of informed consent and appreciate the importance of the documentation of a patient’s consent or refusal.
Objectives
- Discuss the concept of informed consent
- Know what should be included in the discussion with the patient about a recommended treatment or procedure
- Understand the need for documentation of the informed consent process and patient discussion
CASE IN POINT V - TECHNOLOGY AND MEDICINE
Presented by John Sly, Esq. of Waranch & Brown, LLC
Case In Point V is our latest edition to the Case In Point closed claim series. This program features a series of closed claims that focus on Risk Management issues surrounding the use of technology in the practice of medicine. The cases selected for this program will be presented in a video format presented by John T. Sly, Esq., a medical-malpractice defense attorney. These cases focus on issues surrounding patient tracking, communication, informed consent, and documentation – with technology serving as the backdrop.
Objectives
- Identify risk issues associated with the use of technology in their practice as it pertains to communication
- Understand the role of technology in medicine and how it to be additionally vigilant in its use as a physician
- Recognize how technology can be used in the practice of medicine while improving documentation and physician-patient interactions
RISK ISSUES IN RADIOLOGY
Presented by Lara Eisenberg, MD, Robert Maynard, Esq. and Edward Gonsalves, Esq.
This course will review medical-legal issues in radiology including those inherent to the field and those related to documentation and communication. The course will include a brief mock deposition of a radiology defendant in a hypothetical scenario and demonstrations of expert witness testimony in such scenario.
Objectives
- Recognize potential pitfalls in documentation and communication in radiology
- Understand liability theories in radiology and practices to minimize exposure to litigation
- Be familiar with litigation issues in radiology and deposition and expert witness strategies to utilize in litigation
LEGAL ISSUES - GREATEST HITS
Presented by the Law Firm of Armstrong, Donohue, Ceppos, Vaughan and Rhoades, Chtd.
Over the course of the last several years, Medical Mutual/Professionals Advocate along with the attorneys at Armstrong, Donohue, Ceppos, Vaughan and Rhoades, have presented meaningful vignettes showcasing the intricacies of the medico-legal landscape. This "greatest hits" online course will present curated video vignettes from previous Legal Issues courses with updated guidance from the medico-legal experts. Unlike our live program, this online self-paced course will allow participants to learn from video presentations focusing on documentation, communication and informed consent issues confronted by Physicians in their practice.
Objectives
- Learn proper documentation and communication techniques
- Understand common risk management issues surrounding the practice of medicine
- Be able to transfer the knowledge learned in this program into their everyday practice.
PATHOLOGY PUT INTO PERSPECTIVE
Presented by Rob Maynard, Esquire and Arthur McTighe, MD
This online course will review common risk management issues surrounding the practice of Pathology. Dr. Arthur McTighe and the attorneys at Armstrong, Donohue, Ceppos, Vaughan and Rhodes present this course from the perspective of a Pathologist. The course will include a hypothetical case study, along with a demonstration of expert witness and fact witness testimonies. At the conclusion of the program, the speakers will discuss common risk management guidance which can be incorporated into the practice of Pathology.
Objectives
- Gain a better understanding of the medico-legal issues surrounding the practice of Pathology
- Understand the intricacies of testimony in a malpractice case. Both as a defendant and expert witness
- Learn key risk management “pointers” to incorporate into their practice
CASE IN POINT II - DOCUMENTATION
Case in Point II is our second risk management program featuring a series of closed-claim scenarios that focus on issues involving medical record documentation. The selected cases serve to provide the reader with situations in which poor or non-existent documentation created patient safety issues and allegations of negligent treatment for the Physician.
Objectives
- Identify weaknesses in the medical record that can result in miscommunication and poor patient outcomes
- Understand the role of the medical record as crucial evidence in medical malpractice litigation
- Recognize how strong documentation can prevent litigation





