Malpractice: Advice To The Physician.

2007-03-08 10:33:40

( Legal )



It is useful to understand what medical malpractice lawyers consider to be malpractice and how to take steps to avoid this.

The first thing to understand is that the majority of medical situations which might have a negative outcome, do not result in a malpractice claim and that medical malpractice attorneys indicate that the main reason that patients don’t file a claim is because of the quality of personal communication.

High Risk Situations

- Litigious patients are often those who criticize other doctors.
- Don’t criticize other physicians – this can backfire in a lawsuit – especially if you make a written note.
- Physicians who are involved together in a case should document their tasks in terms of responsibility, to avoid all physicians being sued
- Patients must have enough information to come to an informed decision. Don’t be afraid of frightening the patient off with too much information.
- Doctors in primary care should make a routine breast examination. Even if the radiographic findings aren’t positive, still evaluate previous mammograms in order to recognize any changes.

Patient/Physician Relationships

- Having a positive, honest relationship with your patient is the best way to avoid litigation
- Be absolutely honest and accessible with respect to every phase of the illness and treatment
- Don’t reassure a patient about an unlikely outcome.
- Interact with the family.
- Contact your patient immediately with any new results. Do so personally if the result is abnormal.
- When you hospitalize a patient keep the family informed daily.
- Don’t hesitate to make unsolicited call to improve your bond with the patient and family
- Protect your patient confidentiality: be careful where you discuss the details of the case and don’t leave information on their answering machine. Instruct your staff about confidentiality issues.

Physician Limitations

- Don’t be afraid to admit that you don’t know and to seek consultation.
- Understand what standard of care means – what a patient could reasonably expect in terms of your experience and training under your given conditions
- When you decide to use a consultant explain why to your patient in simple terms and give them the option of making their own choice.

Medical Record Documentation

- The opinion of medical malpractice lawyers is that if it isn’t written down, it didn’t happen.

PROCEDURES:

- Sign and date each medical entry.
- Clearly document everything related to the patients care.
- If a patient doesn’t keep an appointment contact him and reschedule the visit. With at risk patients do this with a registered letter.
- Thoroughly document if a patient doesn’t follow your advice.

KEEPING RECORDS:

- Don’t ever “white-out” or cross out something so it can’t be read - a line, initialed and dated.
- Remember, an item on record is permanent
- Don’t ever change a medical record.

OFFICE CHART:

- If your staff makes these entries, review them.
- The physician should sign information such as laboratory test results.


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