Medicolegal implications of a multidisciplinary approach to cancer care: consensus recommendations from a national workshop

Abstract

Concerns about medicolegal implications of a multidisciplinary approach to cancer care may act as a barrier to the implementation of best practice approaches. While multidisciplinary meetings carry a low level of medicolegal risk, improved documentation and transparency in approach will assist in limiting liability for individual health professionals and health services. The medicolegal implications of a multidisciplinary approach are not affected by whether a health professional bills the patient for attendance at multidisciplinary meetings.

Multidisciplinary Lung Cancer Meetings: Improving the practice of radiation oncology and facing future challenges

“…Included in these guidelines, the authors recommend (i) adequate documentation of the role and membership of the multidisciplinary team; (ii) obtaining patient consent prior to discussion in MDM; (iii) documentation of the recommended treatment plan and documentation of any dissenting views; and (iv) communication with the patient of treatment recommendations and any alternative treatment opinions arising in MDM. 22 However, in practice, the medico-legal obligations of participants in Lung Cancer MDM may not be fully appreciated. In 2005, a survey was conducted to assess awareness of the medico-legal implications and current practices of MDM: 136 doctors from 18 different oncology MDM participated in this survey (91% response rate).…”

“…Fortunately, there is little legal precedent to date. In 2007, a national workshop took place in Australia to consider the medicolegal and ethical issues related to multidisciplinary care, and the consensus guidelines were subsequently published . In this publication, the authors agree that all health professionals participating in MDM share a duty of care to the patient.…”

“…In this publication, the authors agree that all health professionals participating in MDM share a duty of care to the patient. Included in these guidelines, the authors recommend (i) adequate documentation of the role and membership of the multidisciplinary team; (ii) obtaining patient consent prior to discussion in MDM; (iii) documentation of the recommended treatment plan and documentation of any dissenting views; and (iv) communication with the patient of treatment recommendations and any alternative treatment opinions arising in MDM …”

Can liability rules keep pace with best practice? The case of multidisciplinary cancer care

“…If the first step in a medicolegal analysis of MDC is to recognise that the team and its members may be exposed to liability for their activities, the second step is sober assessment of how large that exposure is, and what can be done to minimise it. In this vein, the article by Evans and colleagues in this issue of the Journal https://doi.org/10.5694/j.1326-5377.2008.tb01684.x 12 is a welcome addition to the literature. The authors outline consensus recommendations developed at a workshop of experts.…”

“…As practices change, and promising initiatives like MDC emerge, the law must evolve to accommodate them, without abandoning its commitment to holding providers accountable for substandard care. Timely scholarship, like the articles in this issue of the Journal, 12 , 14 can help guide that evolution at the right pace and in the right direction.…”