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RISK MANAGEMENT

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RISK MANAGEMENT & GOVERNANCE. Michael Gorton Russell ... Good Samaritan. Structured settlements. Governance & Management. Liability. Entity. Individuals ... – PowerPoint PPT presentation

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Title: RISK MANAGEMENT


1
RISK MANAGEMENT GOVERNANCE
  • Michael Gorton Russell Kennedy
  • ACHSE 3 March 2004

2
The context
  • Rise in claims
  • September 11
  • Collapse of HIH/UMP
  • Under funding of MDOs
  • Fear
  • Financial incentives for risk management

3
The Government Response
  • UMP support (and levy)
  • Tort law reform
  • Risk management (safety quality)

4
Tort Law Reform
  • Proportionate liability
  • Caps and thresholds
  • Open disclosure
  • Limitation period for claims
  • Definition of negligence (IPP)
  • Abolish exemplary damages
  • Good Samaritan
  • Structured settlements

5
Governance Management
  • Liability
  • Entity
  • Individuals
  • Vicarious liability
  • Accountability
  • Delegation
  • Reporting
  • Risk Management
  • Legal risk
  • Financial risk
  • Business risk
  • Compliance

6
Towards a governance culture
  • Organisational culture (open)
  • Staff knowledge, beliefs and values
  • System design
  • Resources
  • Management model

7
Key Governance Issues
  • Identification of and compliance with standards
  • Recognise opportunity cost
  • Getting it right
  • Doing it wrong

8
Key Governance Issues
  • Levels of delegation
  • Systems of Accountability and Reporting Regimes
  • Policies
  • Quality of care and service
  • Safety (including emergency)
  • Legal risks
  • Education and training
  • Notice requirements/Compliance Checklist/Sign-off
  • Incident Monitoring/Complaint Handling

9
Medical Governance
  • MAC
  • Credentialling
  • Clinical Risk Committee
  • QA
  • Complaints analysis
  • Incident data

10
Vicarious Liability
  • Employees
  • Agents
  • Privatised services/facilities

11
Informed Consent
  • Not a form
  • Doctor certification
  • Information sheets
  • Checklist
  • Records/notes

12
Communication and Prevention
  • Studies of patients complaints and why they
    complain, indicate that some of the following
    factors are relevant
  • They have not received an explanation which they
    can understand and accept
  • They believe their treatment has been negligent
    or below standard (whether, in fact, it has or
    not)
  • They have not been treated with consideration or
    sympathy or courtesy

13
Communication and Prevention
  • They have sought information, but have not
    received an explanation, or their reasonable
    requests have not been met
  • They have been discharged before they fully
    recovered (or they thought they had fully
    recovered), or discharged without proper
    explanation or follow up
  • They are chronic complainers

14
Avoiding Liability
  • Good care and service
  • Protocols and procedures
  • COMMUNICATION!!
  • Complaint handling procedures timely,
    sensitive, communicative
  • NOTES AND RECORDS
  • Insurance

15
Risk Management and Governance
  • Michael Gorton
  • Russell Kennedy Solicitors
  • PO Box 5146AA, Melbourne
  • Tel 03 9609 1625
  • Fax 03 9609 1825
  • Email mgorton_at_rk.com.au
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