|
|
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.
|
|
