Embrace these simple pointers and suggestions on a daily basis to significantly reduce your risk of a malpractice lawsuit.
In the time it takes you to read this sentence, roughly $7,000 was spent on medical malpractice in the United States alone.
Let that settle in for a second.
That number is based off of a HealthAffairs study that estimated annual medical malpractice-related costs to reach approximately $55.6 billion, or 2.4% of total healthcare spending. While that startling number does include all defensive medicine costs – such as prescribing unwarranted tests and treatments to avoid lawsuits – you certainly won’t find solace in amount of money spent exclusively on medical malpractice lawsuit payouts, which topped $3 billion in 2012 according to Forbes.
Just to pound the point home a little bit more, consider these statistics from this RAND study on malpractice risk:
- By 45 years of age, 36% of physicians in low-risk specialties and 88% of physicians in high-risk specialties are likely to have had at least one malpractice claim.
- By 65 years of age, 75% of physicians in low-risk specialties and 99% of physicians in high-risk specialties are likely to have had at least one malpractice claim.
- Across specialties, the average indemnity payment for malpractice claims was $274,887.
The purpose of bombarding you with these formidable numbers is neither to frighten nor intimidate you – working under the constant threat of a potential lawsuit on a daily basis is enough to keep most healthcare professionals wary. If not, having the importance of avoiding a malpractice claim incessantly drilled into your head through continual education and training will definitely suffice. The purpose of these numbers is merely to advocate the measures you should take to steer clear of putting yourself in situations that may result in a malpractice lawsuit.
Naturally, there are going to be certain situations where a malpractice claim is inevitable due to reasons outside your control. However, most malpractice cases stem from circumstances that are easily preventable. There’s a common misconception that all malpractice cases emerge from some type of a severe surgical error. While the antagonizing term leads most to immediately conclude a drastic mistake was made, the fact is that most malpractice claims arise from a simple mistake. More often than not, the difference between a lawsuit and a healthy doctor-patient relationship comes down to being cognizant of the situation and managing the simple, intrinsic details to avoid any potential damages caused by extrinsic events.
In the time it takes you to read this sentence, roughly $7,000 was spent on medical malpractice in the United States alone.
Let that settle in for a second.
That number is based off of a HealthAffairs study that estimated annual medical malpractice-related costs to reach approximately $55.6 billion, or 2.4% of total healthcare spending. While that startling number does include all defensive medicine costs – such as prescribing unwarranted tests and treatments to avoid lawsuits – you certainly won’t find solace in amount of money spent exclusively on medical malpractice lawsuit payouts, which topped $3 billion in 2012 according to Forbes.
Just to pound the point home a little bit more, consider these statistics from this RAND study on malpractice risk:
- By 45 years of age, 36% of physicians in low-risk specialties and 88% of physicians in high-risk specialties are likely to have had at least one malpractice claim.
- By 65 years of age, 75% of physicians in low-risk specialties and 99% of physicians in high-risk specialties are likely to have had at least one malpractice claim.
- Across specialties, the average indemnity payment for malpractice claims was $274,887.
The purpose of bombarding you with these formidable numbers is neither to frighten nor intimidate you – working under the constant threat of a potential lawsuit on a daily basis is enough to keep most healthcare professionals wary. If not, having the importance of avoiding a malpractice claim incessantly drilled into your head through continual education and training will definitely suffice. The purpose of these numbers is merely to advocate the measures you should take to steer clear of putting yourself in situations that may result in a malpractice lawsuit.
Naturally, there are going to be certain situations where a malpractice claim is inevitable due to reasons outside your control. However, most malpractice cases stem from circumstances that are easily preventable. There’s a common misconception that all malpractice cases emerge from some type of a severe surgical error. While the antagonizing term leads most to immediately conclude a drastic mistake was made, the fact is that most malpractice claims arise from a simple mistake. More often than not, the difference between a lawsuit and a healthy doctor-patient relationship comes down to being cognizant of the situation and managing the simple, intrinsic details to avoid any potential damages caused by extrinsic events.
Follow these 10 simple tips to avoid malpractice claims:
1. Communicate, communicate, communicate
There’s a reason it was written three times. Simply put, there is no element more important to avoiding a malpractice claim than a healthy doctor-patient relationship built on clear and effective communication between one another. Communication-related errors are the single biggest cause of malpractice claims. Quite frankly, it doesn’t matter how talented, educated, or experienced of a doctor you are if your bedside manner is always creating friction between you and your patient’s. Be courteous. Ask your patient questions. Listen and learn from what they say, and give genuine feedback.
A malpractice lawsuit is not fun. Dealing with lawyers is even worse. At the end of the day, however, the lawyer is not the one suing you. Your issue isn’t with the lawyer; it’s with the patient. So rather than spending an ample amount of time and money dealing with an attorney, focus on the true matter at hand and improve your relationship with your patients. Ultimately, you have two choices: you can frame a doctor-physician relationship that will either protect your career, or jeopardize it.
2. Get it in writing
While good communication skills are the most important trait for avoiding a malpractice claim in an interpersonal manner, proper documentation skills are the most important in a administrative manner. Explicit, unambiguous documentation can come in handy should you ever need to recount a certain situation and justify what occurred in order to defend your actions. Conversely, inadequate or indefinite documentation leaves you infinitely more susceptible to a malpractice lawsuit.
Most healthcare professionals are not strangers to documentation requirements, but many can still improve dramatically. Needless to say, it’s impractical for you to document everything that goes on between you and your patients. However, here are several pointers to keep in mind when describing your experiences:
- Write legibly (you’d think this is an unnecessary tip, but sadly it is not).
- Date, time and sign every entry.
- Specifically identify the people in your report.
- Record all findings, advice, instructions, decisions, etc. on any significant issues.
- If you’re not sure whether or not it’s important enough to be documented, document it.
3. Stay up-to-date on current standards
The first step to abiding by the law is understanding what the law is. Medical malpractice laws differ from state to state, and even from hospital to hospital. These regulations are often revised within each jurisdiction, so it is crucial for you to not only be aware of the current standards in which you are required to comply with, but also stay up-to-date on all changes and updates to those standards throughout your tenure.
4. Always obtain informed consent
Operating on a patient without informed consent from the patient or guardian is just asking for a malpractice lawsuit. It is essential to discuss all elements of a procedure – risks, costs, etc. – before the procedure takes place. Tracking back to the first two tips, good communication skills are necessary to discuss the circumstances with your patient, and good documentation skills are necessary to catalog all details of the situation. While this may seem like Malpractice 101, it continues to be a common issue.
Read Full Article Here: 10 Simple Tips To Avoid Malpractice Claims
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