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The “Risk Management Toolkit” is an APTA resource for educators developed in collaboration with the Healthcare Providers Service Organization. The toolkit includes four modules focused on risk management for students in physical therapy programs.

Educators are encouraged to use the free resources below — four 1-hour training modules — in their curriculum to help guide students through these important topics.

Each module was developed in collaboration with subject matter experts from HPSO and covers a unique aspect of risk management designed to help prepare students for success as they enter practice. At the end of each module, students are assessed on their knowledge (three assessment attempts per module), and scores are provided to educators.

Access the Risk Management Toolkit

Note: All modules will be accessible by Sept. 1.

Expand the sections below for the key themes and outlines of each of the four modules:

Key Themes:

  • The legal concept of negligence
  • Duty, breach, cause, harm
  • The litigation process
  • Everyday practice/defenses to malpractice allegations

Module 1: Outline

1. Negligence

    • Malpractice as a form of negligence
    • Elements of malpractice (duty, breach, cause, harm)

2. The Litigation Process

    • Building the case
    • The complaint
      • Who can file
      • Types of damages
      • Do’s and don’ts if you receive legal paperwork
    • Discovery
      • Establishing standard of care
      • Expert witnesses and selection process
      • Documentation (legal, operational, and clinical)
    • The deposition
      • The purpose and importance of depositions
      • What a provider should know about being deposed
        • Deposition preparation
        • Tips for being deposed
    • Defenses to malpractice allegations
      • Statute of limitations
      • Standard of care
      • Documentation in the EMR
      • Vicarious liability
      • Record retention
    • Resolving matters
        • Dismissal
        • Settlement
        •  Judgment
          • What happens to the PT?

3. Patient Safety and Risk Management

    • What is an adverse event?
      • Spotting incidents
      • Potential impacts of an adverse event
      • Components of an emergency response plan
      • Being prepared (incident response)
        • Taking care of the patient
        • Emergency response
        • Completing incident reports accurately and timely
        • Submitting the incident/incident report
        • Investigating the root cause of the event
        • Importance of the team
      • Everyday Practice Recommendations
        • Venn diagram of components of safe care
        • Know your practice act
        • Communication skills
        • Keep current on education and trends of industry
        • Act early if you receive a complaint

Key Themes:

  • Malpractice claims data
  • Case studies
  • Recommendations

Module 2: Outline

1. Defining Malpractice

  • Key definitions (plaintiff, defendant, etc.)
  • Malpractice as a form of negligence
  • Elements of malpractice (duty, breach, cause, harm)
  • Who can allege malpractice
  • Statute of limitations
  • Spotting potential malpractice incidents
  • Professional liability data as a risk management resource

2. Analysis of Professional Liability Claims

  • Average total incurred amount
  • Closed claims by paid indemnity range
  • Top allegations
  • Location of incident
  • Top patient injuries
    • Case study example for treating PTs
      • Facts
      • Expert opinion
      • Resolution
      • Recommendations for specific scenarios
  • Distribution and severity of closed claims by insured type
    • Vicarious liability
    • Delegation and supervision
    • Case study example for PT business owners
      • Facts
      • Expert opinion
      • Resolution
      • Recommendations for specific scenarios
    • Enterprise risk management with sample risk-management plan
      • The role of policies and procedures in liability lawsuits

3. Patient-Provider Relationship Challenges

  • Ethical decision-making
  • Managing patient expectations and complaints
    • Communication with nonadherent patients
    • Communication with dissatisfied patients
  • Professional boundaries
  • Termination of the patient-provider relationship

4. Risk-Control Recommendations

  • Everyday practice
  • Documentation
  • Informed consent
  • Working within scope of practice
  • Recommendations for selecting legal representation

Key Themes:

  • Role of State Boards of Physical Therapy
  • SBPT process
  • Top sources of SBPT complaints for PTs, PTAs
  • Recommendations for defending your license

Module 3: Outline

1. The Mission of the State Boards of Physical Therapy

2. License Protection Versus Professional Liability — What Is the Difference?

3. The Disciplinary Process

  • Investigative stage
  • Prosecution stage
  • Licensee response

4. Analysis of Common Physical Therapy State License Matters

  • Average defense amount
  • Top allegations
    • Subanalysis of professional conduct
    • License case study example
      • Facts
      • Board opinion
      • Resolution
      • Recommendations for specific scenarios
  • Actions taken by the Board
    • Public Notice/NPDB
    • Collateral damage/reputation
    • Case study example
      • Facts
      • Board opinion
      • Resolution
      • Recommendations for specific scenarios

5. Licensee Rights

  • Do’s and don'ts if you have a license complaint

6. The PT Compact

  • Implications for licensure
  • Telehealth/remote monitoring

7. Risk-Control Recommendations

  • Everyday practice
  • Documentation
  • Building rapport

Key Themes:

  • What is risk management and professional liability insurance?
  • What to look for in an insurance company
  • What to look for in your policy
  • When to contact your insurer

Module 4: Outline

1. Risk Management, Principles, and Strategies

  • Define risk management
  • Concepts
    • Identify
    • Assess
    • Mitigate
    • Monitor
  • Strategies
    • Avoidance
    • Reduction
    • Transfer — PLI
    • Acceptance

2. What Is Professional Liability Insurance?

  • What it covers, how it works, who needs it
    • Purpose
    • LimitsClaims made versus occurrence
    • Employed versus self-employed/independent contractors
    • For businesses/private practices
    • Does having my own insurance make me a target?

3. What to Look for in an Insurance Company

  • Reputation
  • Financial stability (AM Best rating)
  • Company support provided with claims management

4. What to Look for in Your Professional Liability Policy

  • Defendant legal defense within or outside of the liability limits?
  • General liability
  • License protection defense
  • Additional liability riders (HIPAA, cybersecurity, consulting services endorsement)

5. When to Contact Your Insurer

  • What is a subpoena? Know the rules for releasing records under a subpoena.
    • Named party versus witness
    • Release of records — HIPAA requirements
  • Timely reporting
  • The claims process

6. Risk-Control Recommendations

  • Do’s and don’ts if you have a claim
Instructions for Educators and Students

Find the full instructions for registration below:

For member account and login issues, contact Member Success.

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