Only time will tell how ACO guidelines will affect malpractice cases. Often, it takes years for case law and legal precedents to develop around new issues and more clearly define boundaries, Mr. Bobbitt said.
In the meantime, litigation experts recommend that physicians joining ACOs protect themselves from lawsuits by thoroughly documenting patient interactions and clinical decision making. Mr. Bobbitt suggests also that physicians participating in ACOs become involved in developing best practice guidelines and ensuring those guidelines are clinically valid. Having a strong voice will empower physicians and assure ACO guidelines act as a lawsuit shield, rather than a sword.
"It can be a legal minefield, but it is navigable," Mr. Bobbitt said. "As an attorney and health care adviser, I try to convey that yes, there are legal issues – novel legal issues – but at the same time, this is such a positive improvement to health care, it is navigable if done right."