Why is this site
important to you?
It helps you prevent and deal with malpractice by teaching
you what you probably do not know, but is critical. Learn
it faster and more affordably than from the actual experience
of a malpractice case. This site compliments other resources
such as courses, and is easily accessible when needed. Finally,
it offers a team dedicated to the problem. Join it and help
improve the site with your contributions.
The threat of a possible medical malpractice case is only
exceeded by the real thing.
You have high malpractice costs even before your first suit,
and strained relationships with patients despite your extra
efforts. With a real case you have substantial issues of time,
reputation, hikes in insurance charges, and perhaps licensure
issues. You can find yourself in a new world, an Alice in
Wonderland experience, where teachings about medicine and
assumptions about your practice may be turned upside down
in a courtroom.
How Malpractice Unfolds: its chronology and its antidotes.
The studies report that malpractice
suits are not brought against you because of a bad result
nearly as much as due to a bad relationship. In fact the numbers
are so skewed they are striking, and even puzzling. And the
factors that determine how
a patient views their physician may not be what you tell them,
but other communication skills.
Before that stage is reached, there are a number
of habits you want to have formed as good care, and good protection.
These are centered on the patient and the chart, but include
other professionals who may be involved. You can improve your
communication, and you can carry out and document
in a way that discourages the plaintiffs
attorney as he or she visualizes some faraway future courtroom.
Also, be sure you understand
insurance, which has many strengths, and usually a number
of pitfalls. Do you think you understand them? Think again.
A key force is your insurance carrier, and both legal
sides are well aware of how that affects a case. Do you even
know what's in your policy, or the insurance traditions of
your company that may be important?
When a patient becomes unhappy, there
is still a lot you can do with regard to both the patient
and the chart. You have a substantial opportunity
to improve the situation because you are still giving care.
Focusing on the patient relationship, working to meet and
exceed the standard of care, and very fully documenting may
both improve the patient and discourage a future attorney.
Also if you worry a suit may appear, be sure to understand
the technical process so that you don't
neutralize a plaintiff's attorney's mistake. You can get
early warning of serving
if you make some easy checks.
If a case appears,
begin your defense efforts early, and in an organized way.
This is not only much easier on you than a mad late effort,
but it is more effective. Memory can still play a strong role,
documentation is less likely to be lost over time, and the
longer time frame gives you more options. Learn about the
process, and devote part of you time to thinking backwards
from depositions and
trial, to be more focused
on key points. If your health is not optimal, make this
a priority with you physician, and other organizations
if appropriate.
Depositions determine
important features in a trial, especially if you don't know
how to survive them. Take time to prepare, and to be composed.
Understand what the plaintiff's
attorney is really doing, and your attorney's role. Look
ahead to other consequences
of malpractice as you prepare for depositions and trial,
and work to avoid them or counter
them as early as you can.
Trial Is Different, and Being
a Plaintiff is Different Than Being an Expert. A fine expert
witness may feel underwater as a defendant in testimony. Start thinking
early about the differences.
Have an eye on what is left at the end of the case.
Win, lose or settle you may not have closure
on the problems. From penalties
that are not covered to licensing
, billing, and
credentialing, the problem greatly impact you professional
future and your family.
Does it make you mad? Is it a travesty on the idea
of justice or the needs of injured patients? Does it punish
physicians who work far harder to deliver health care than
trial lawyers? Get involved in reform.
And join our site.
|