The Questions You Are Asking About Malpractice

When asking questions, consider this one. In a recent national malpractice course the instructor asked: "How many of you have read your malpractice policy?"
Only half the class raised their hands.
Malpractice Law is fought over what is in documents. Whether you write them or sign them, know what is in them before applying ink.

What is critical in the doctor patient relationship?
Use what they understand. Relate to them, and how illness affects them. Be prepared to see them, and consider that body language can count for more than words. When you are short on time, don't let it show. Have a style built from Dr.-Patient relationship tools.
What makes effective informed consent?
Technically, depending on the state, you many only need a hospital consent. But, repetition will help substantially, so document it more than one place in more than one way. Video probably doesn't substantially help. The common problems and the extreme consequences should be discussed.
What are common doctor's mistakes causing malpractice problems?
An absent or adverse relationship with the patient. Holes in the chart. Failure to try establishing the standard of care in the chart. Changing the chart.
What should I avoid if I get a summons?
It is disturbing, but be sure to report it at once to your carrier. Be sure to protect your records, and don't change anything. Don't discuss it with others without checking with your attorney. Take the time to review the case in detail, then approach it systematically while it is fresh in your memory. Then review your protection: insurance, asset issues, and what insurance doesn't cover.
What are the limits of malpractice insurance?
There are monetary limits per case and year. There may be time limits about when care occurred. There are limits in what your malpractice attorney does for you. Your risk of exceeding policy limits needs a personal attorney. Asset protection needs a separate attorney also.
Can malpractice affect my license?
An increasing tactic of plaintiff's attorneys is reporting you to the license board. Your billing may be attacked also. Depending on details, credentialing issues may arise. These challenges operate by different rules than malpractice law, so you need to consider them.
What if a verdict exceeds my insurance? How am I protected?
The good news is that doctors rarely wind up personally responsible, but it can happen. However you have the worry and expense of defending yourself along the way. And your negotiating ability in the case is weakened by this additional worry. So get professional protection, and do it prior to a case arising. Once it happens your options are much more limited. The biggest practical financial threat is usually the legal costs not covered by your policy.
What is important to avoid in testimony?
Communicate simply with the jury. Don't argue with the attorney. Don't prove you are more technically knowledgeable or as clever in legal and word games. Know the chart very well. Prepare for deposition and trial issues well in advance.