Total Credits: 1 including 1 AOA Category 1-A Credit(s)
Description:
This presentation will review several important medical-legal subjects with the objective of providing guidance to physicians about reducing the risks of potential liability without compromising effective patient care. In particular, attendees will learn the ruling of the United States Supreme Court in Ruan v. United States and the implications of that decision with respect to physician’s prescribing controlled substances. The presentation will also discuss the role of expert witnesses in a variety of contexts including licensing actions, medical malpractice actions, and peer review proceedings as well as the role of a non-expert treating physician in litigation involving a physician’s patient. Finally, the presentation will review some considerations regarding the law of informed consent in light of the ever-
increasing range of treatment options available to patients for many different diagnoses.
Objectives:
1. Following this lecture, participants will be knowledgeable about the legal standards by
which physicians can be held accountable in criminal prosecutions for alleged inappropriate prescribing of controlled substances.
2. Following this lecture, participants will understand the role of expert witnesses in a
variety of different proceedings potentially affecting the rights of physicians ranging from licensing proceedings, peer review proceedings and medical malpractice actions.
3. Following this lecture participants will understand the obligations of physicians with respect to providing informed consent to their patients in terms of informing them of anticipated
benefits, potential risks, and information about alternative options for treatment.
The Maine Osteopathic Association is accredited by the American Osteopathic Association to provide osteopathic continuing medical education for physicians. The Maine Osteopathic Association designates this program for a maximum of 1.0 AOA Category 1-A credits and will report CME and specialty credits commensurate with the extent of the physician’s participation in this activity.
MOA Grievance Policy: All grievances should be initially directed in writing to the MOA Executive Director by email to info@mainedo.org who will share them with the MOA's Program Committee. Grievances will receive a response within 30 days of receipt. If you do not receive a satisfactory response, you may notify the Council on Continuing Medical Education, AOA, 142 East Ontario St., Chicago, IL 60611.
| Legal Medicine Handout (1.30 MB) | 50 Pages | Available after Purchase |
Joe Piorkowski, Jr, DO, JD, MPH has served as the leader of national expert witness teams for the defense of Norplant, Sulzer hip and knee implant, Baycol, and YAZ/Yasmin litigations. He has experience representing scientists, physicians, other health care providers, hospitals, and other product manufacturers in a wide range of litigation, including toxic tort/products liability cases, medical malpractice actions, peer review proceedings, and FDA matters. Joe has been repeatedly selected as one of Washington, DC’s “Superlawyers” for Personal Injury Products (Defense) and he has been repeatedly listed by Washingtonian magazine as one the “Best Lawyers in Washington.” Joe is a osteopathic physician as well as an attorney and is board certified in three areas, including family practice. He served as a flight surgeon in the U.S. Naval Reserve Medical Corps for over 25 years until his retirement with the rank of Captain in 2005. He continues to teach other doctors and health care providers as an Instructor in Advanced Trauma Life Support and Advanced Cardiac Life Support. Joe has served as an Adjunct Professor of Law at Georgetown University Law Center since 1992, where he has taught courses including “Trial Practice: Working with Medical Experts.” He also served as Clinical Assistant Professor in the Department of Surgery (General) at the Georgetown University of Medical Center from 1995 to 2004. Joe is the author of “Medical Testimony and the Expert Witness” Legal Medicine:Medical Dynamics of Legal Encounters (3d. ed. 1995, 4th ed. 1998, 5th ed. 2001, 6 th ed. 2004, 7 th ed. 2007, 8 th ed. 2010, 9 th ed. 2015); Note, Between a Rock and a Hard Place: AIDS and the Conflicting Physician’s Duties of Preventing Disease Transmission and Safeguarding Confidentiality 76 Georgetown Law Journal 169 (1987); and Note, Professional Conduct and the Preparation of Witnesses for Trial: Defining the Acceptable Limitations of “Coaching” 1 Georgetown Journal of Law Ethics 389 (1987). He is also a frequent lecturer and presenter on various legal and medical topics. Joe is a Fellow of the American College of Preventive Medicine and the American College of Legal Medicine. He served as President of the American College of Legal Medicine from 2021 to 2022, and was the first osteopathic physician to hold that position. In 2018, Joe was elected to the Academy of Medicine of the District of Columbia and has served on the Board of Directors since 2019. He is a member of the International Association of Defense Counsel (IADC), International Society for Pharmacoepidemiology, and the American Bar Association’s Litigation section. Joe is admitted to practice before the state courts of Maryland, Texas and the District of Columbia; and numerous United States District Courts and Courts of Appeals as well as the United States Supreme Court. Joe is licensed to practice medicine in the District of Columbia and Maryland.
Dr. Joseph Piorkowski Jr, DO, JD, MPH has no actual or potential conflict of interest, financial relationship/arrangement or affiliation with any entity producing, marketing, re-selling or distributing health care goods or services consumed by, or used on, patients.
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