Tackling Healthcare Tortfeasors Caught on Tape
(Los Angeles, CA). The widespread use of cell phones, "granny cams," and facility surveillance cameras has led to such viral controversies as the "Dancing Doctor" videos taken of a surgeon's dancing antics while operating on patients, or a nursing facility security camera capturing footage of elder abuse committed by a caretaker. This technology has not only led to an influx in litigation, it has rendered such negligent or intentional activity virtually indefensible. When uploaded to social media or even shared with others informally, the footage is at best, a public relations nightmare for health care systems.
"With the ever-changing laws and the increasing damages potential for plaintiffs and their attorneys, we can expect the number of claims supported by videographic evidence to continue to escalate," said Constance Endelicato, Partner at Wood Smith Henning & Berman. "More importantly though, it is imperative to address what is causing the provider to behave in an abusive, discriminatory, or callous manner toward patients, placing patients at risk for safety and causing irreparable emotional and physical harm."
Understanding risk management strategies for awareness and prevention and conducting analysis of claims exposure to mitigate damages in response to such videographic evidence will be addressed on October 14, 2019, at the American Society of Healthcare Risk Management's Annual Conference. In a highly anticipated presentation, Endelicato will lead a panel discussion titled "Smile You're on Camera: A Tortfeasor's Worst Nightmare." Accompanied by industry thought leaders Leslie Smith (ProAssurance) and Geri Luebeck (Providence Saint John's Health Center), the panel will provide sage advice for controlling systems risks, for providing mechanisms to reduce error and improve patient safety, and for creating a road map to limit indemnity exposure.
Constance Endelicato is a partner in WSHB's Los Angeles office with 30 years of experience in defending health care providers. She is a member of American Board of Trial Advocates and is the Immediate Past President of Southern California Association of Healthcare Risk Management (SCAHRM), one of ASHRM's largest chapters, and the current Chair of ASHRM's Education Development Task Force. She has received numerous recognitions including Top 100 Women Lawyers in California, Top 50 Most Influential Lawyers, and Top Women Lawyers in Southern California. Endelicato is a Certified Professional in Healthcare Risk Management.
Wood, Smith, Henning & Berman LLP
WSHB is a full service litigation firm with offices throughout the United States. The Firm has tried over 900 cases to verdict, and is internationally recognized for its exceptionally high rate of success. Since the Firm’s inception in 1997 by trial lawyers David Wood, Kevin Smith, Stephen Henning and Daniel Berman, WSHB has been known as the national “go to” firm for complex civil litigation in professional liability, employment, commercial, medical malpractice and healthcare, construction, environmental, real estate, transportation, subrogation, toxic tort and intellectual property litigation. Additionally, WSHB also regularly handles first and third party coverage issues for the London market. The Firm has been named one of the top four law firms in the nation for female lawyers, and one of the top five for diversity. WSHB’s lawyers take pride in each and every case and all ultimate results. Most of all, WSHB is proud of their organic growth which translates into consistent results and handling office to office.