Outlines the attitudes, knowledge and skills important to medical care risk management and liability. Provides recommendations that indicate ways to help reduce the incidence of malpractice claims. Addresses the patient-provider relationship, legal definitions, patients rights issues, informed consent, documenting and protecting medical records, issues of physician competence, the most frequent allegations found in IHS/tribal malpractice claims, the Fed. Tort Claims Act and claims processing, malpractice reporting agencies, and malpractice suits against individuals. Includes sample affidavits, and a list of risk mgmt. do's and don'ts.

This synthesis will be of interest to highway agency administrative and executive officers, risk managers, legal officials, as well as to highway design, traffic, and safety engineers, enforcement agency personnel, claims managers, and others concerned with managing tort liability programs in state transportation agencies. It describes the state of the practice with respect to the manner in which these agencies manage highway tort liability programs. Management of claims associated with highways, streets, and pedestrian facilities is the focus of this synthesis, which describes program elements, costs, staffing, risk avoidance, and management requirements. This report of the Transportation Research Board describes the design and implementation of procedures and techniques to manage tort liability programs. Much of the material in this synthesis is also applicable to managing risks associated with modes other than highways within the state transportation agency. There is also applicability to local highway agencies, toll authorities, and public transit agencies.