By Vanessa Orr

As larger jury verdicts result in huge, sometimes multimillion-dollar payouts, it’s important that physicians take a proactive approach to avoiding claims. These massive medical judgments have many ramifications to the parties involved, including healthcare professionals, institutions, insurance companies, whole health systems and even people’s opinions about the medical profession.

For example, a recent case at the University of Michigan resulted in an $8.5 million settlement when a spinal surgery patient was left paralyzed after treatment. New York Presbyterian lost a $100 million case when a patient suffered a brain aneurysm following surgery, and a Johns Hopkins University patient was awarded $190 million after undergoing a wrong-side amputation.

While some of these results could have been avoided, others may not have been foreseen, which is why every medical professional is at risk.

“No specialty is immune—there is always room for error,” said Bill Gompers, CFE, vice president, Risk Strategies Company | Danna-Gracey. “Surgery is not a science; it is always improving with new innovations, but it’s still a risky profession, especially when patients undergo general anesthesia.”

He notes that all of the ‘ologists,’ –anesthesiologists, radiologists, cardiologists, neurologists, etc. are at risk of being sued, as are ob/gyns when they don’t deliver a ‘perfect’ baby. Internists, emergency medical professionals, psychiatrists and pediatricians are also at risk, as is any medical professional who misdiagnoses a patient, provides improper treatment or harms a patient as a result of a medical error.

“When people are taking over-the-counter medicines or vitamins, there can be drug interactions that doctors should know about or the medical record should pick up, but sometimes that doesn’t happen,” said Gompers. “Psychiatrists are now being sued more frequently for patients’ suicides, and pediatricians are being sued for failing to recognize child abuse, or for reporting it and then finding out the patient wasn’t abused.”

Far-reaching Impacts

If healthcare professionals do not have adequate coverage to cover their defense or any indemnity judged against them, they can easily find themselves in a position to lose money, medical practices, marriages and more.

“Physicians sometimes think that they don’t need medical malpractice insurance; they just assume that if they are sued, they’ll hire a good lawyer or declare bankruptcy if they have to. But that plan falls apart when the papers are served,” said Gompers.

“Most doctors go into an emotional, financial tailspin,” he added. “That’s why it’s really important to have a good attorney and a malpractice insurance carrier that includes qualified counsel to help guide them through the process. Their livelihood and license are on the line.”

When a settlement or claim is over a set amount of money, that claim is reported to the national databank and the state’s licensing board. Every time a doctor applies for privileges at a hospital, the databank is reviewed for claims, and in some states, three claims could result in the loss of the physician’s license. Institutions facing medical malpractice suits may find that these suits affect their bond ratings, as well as ability to partake in capital improvement projects.

These high impact “shock” cases also affect individual practitioners’ rates and can have an effect on how physicians practice medicine. “The fear of litigation stifles innovation—providers become more risk-adverse and potentially won’t work in the development and implementation of new methods or procedures,” said Gompers.

And thanks to social media, he adds, physicians have to worry even more about their reputations with patients posting about their experiences. If a procedure was not performed within “standard of care,” the physician could even be in for legal precedents brought by patient advocacy groups and more regulatory scrutiny.

Protecting the Practice

So how does a physician avoid these medical malpractice pitfalls?

“Communication is key,” says Gompers. “Good bedside manner usually trumps good medical care. The better the relationship is between the doctor and patient, the less chance of getting sued.”

He also recommends detailed documentation, continuous education and training with staff, adherence to global best practices standards and guidelines, and adequate staffing and supervision.

“Practices should follow a system where the staff feels confident reporting all issues, including mistakes, without fear of punitive actions,” he added. “Physicians should have a process in place to review what they do and establish a culture that includes staff meetings to review policies and practices.”

Of course, it’s also wise to have a qualified and experienced healthcare attorney and to have a robust insurance program through an agent or agency that knows healthcare liability insurance.

To learn more about how to proactively lower your risk of lawsuits, contact Bill Gompers at bill@dannagracey.com, (888) 777-7173 or visit www.dannagracey.com.