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Andrea, Esq.
Andrea, Esq., Attorney
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Is a board certified plastic surgeon obligated/required by

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Is a board certified plastic surgeon obligated/required by law to disclose an operative error to an administrative board or commission or anyone else besides the patient? The error was disclosed to the patient, the patient was treated, and there are no problems currently? Must this be disclosed to his malpractice insurer?


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Person's Gender: Male
Person's Age: 55-60

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Looking online I saw the code of conduct for American college of surgeons, but if this was disclosed to patient and occurred at a hospital where a record was made, who else is surgeon obligated to disclose this to?

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Thank you for your question. You asked,

 

1. "Is a board certified plastic surgeon obligated/required by law to disclose an operative error to an administrative board or commission or anyone else besides the patient? "

2. "Must this be disclosed to his malpractice insurer?"

 

Answer 1

 

A plastic surgeon is not required by law to report this to anyone other than the patient. He or she does, however disclose it to the Hospital Administrator. They have periodic meetings, some hospitals have them weekly, some have them monthly, and some very busy hospitals have them every day, early in the morning. The purpose of these meetings is for each doctor to report on his or her new patients, their diagnosis, treatment plan, and any mistakes a doctor has made so that the matter can be brought to the attention of the hospital's Attorney who does a report on the hospital's liability and how much exposure the hospital will have;

 

 

Answer 2

 

Events that might constitute medical malpractice do not have to be reported to their medical malpractice insurance carrier. They are only reported if and when a patient files a lawsuit against the doctor,



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