Consistent staff engagement helps ASCs prevent lawsuits, spot deeper issues early

Editor's Note

Regular check-ins and visible leadership can help ambulatory surgery centers (ASCs) head off legal trouble before it starts. That is the central message from employment attorney Salvatore Puccio on a recent episode of the Advancing Surgical Care Podcast, Ambulatory Surgery Center News July 23 reports.

Puccio, a partner at healthcare law firm Garfunkel Wild, shared that a client who initiated weekly meetings with a struggling staff member uncovered a series of hidden problems—issues that might have been missed without proactive involvement. According to the article, Puccio sees this type of engagement as key to avoiding litigation. Many lawsuits, he noted, stem from claims that management was distant or uninvolved in day-to-day operations.

Puccio urged ASC leaders to take a preventative, hands-on approach by maintaining regular, respectful communication with staff and being physically present in the workplace. Consistent, objective performance reviews are another protective measure, he said. These evaluations help differentiate performance issues from personal bias and serve as a legal safeguard when disciplinary action becomes necessary.

When problems do escalate, Puccio advised addressing them swiftly and carefully. Per the outlet, thorough documentation and collaboration with HR or legal counsel can make the difference in protecting the center from claims. Even routine infractions like tardiness should be handled formally. Without clear documentation, terminations—even for seemingly straightforward issues—can trigger legal complaints for unrelated reasons.

Puccio also recommended progressive discipline: verbal warnings, followed by written warnings, then formal performance improvement plans with defined benchmarks. Suspension or termination should be used only as a last resort, except in high-stakes cases involving provider contracts.

The article also highlighted two emerging legal threats for ASCs. Puccio warned some centers are being named in RICO lawsuits, not due to misconduct, but simply because their names appear in medical records. He also flagged growing litigation around web-tracking tools like Meta Pixel and Google Analytics, where plaintiffs allege their personal information was improperly shared.

ASCs that stay engaged, document thoroughly, and monitor legal trends will be best positioned to avoid costly and disruptive lawsuits, Puccio said.