Risk Manager
Limit Your Risk of Being Sued
All physicians run the risk of being hit with a malpractice suit. Take these steps and you'll reduce your chances of being sued.

BY JEFFREY D. WEINSTOCK, ESQ.

Old habits are hard to break. But there are some habits you need to break if you want to decrease your risk of being sued, or at least be able to successfully defend a suit filed against you. Unfortunately, you can be sued whether or not you did anything wrong. This month, I'll discuss ways you can minimize the risk of being hit with a malpractice suit.

Generally, before a lawsuit is filed, a patient's attorney will meet with his client and evaluate whether it's worthwhile to institute formal litigation. Part of that process usually involves requesting documentation from the physician to determine whether the physician followed proper procedures or deviated from the standard of care. These documents are then reviewed by the attorney, often in the company of a physician he's hired to help evaluate the potential merits of the case.

YOUR DOCUMENTATION IS KEY

Because the materials being reviewed are generally documents created by you or your employees, the patient's attorney will rely to a great extent on your records to determine whether to file suit.

The way you document treatments and patient visits can determine whether an attorney deems the case worthwhile. This also holds true in investigations by authorities such as Medicare, Medicaid or state professional boards. If a patient complains to Medicare or your state department of medicine that you've billed for services that weren't rendered, your records and the patient's recollection are the main sources of evidence. If your records are detailed and carefully prepared, you have a better chance of avoiding trouble.

Because your records were made at the time of the examination, and the patient is attempting to recall events that may have happened months ago, reviewing authorities often give greater consideration to the written document. It's vital that the record reflects exactly what happened and why. Always prepare records as if they will be used against you in the future.

CONNECT WITH YOUR PATIENTS

Also, if your patient likes you, he's less likely to sue you. Although this sounds overly simplistic, it's often true. Patients identify with physicians that they like. It isn't unusual to hear of a physician whose license was suspended for gross misconduct whose patients still swear by him. An individual who sues may perceive a doctor to be unfriendly, abrupt or uninterested in his case. This is why some patients may be fiercely loyal to their family doctor, but will sue a specialist they saw only briefly.

Treating a patient with respect, listening to what a patient has to say and taking the time to explain treatment and results to a patient can go a long way in making that patient feel that you care about him. Also, make sure your staff treats patients with respect and that the patient's concerns are not trivialized.

ALWAYS FOLLOW UP

It's equally important to follow up on lab results. Sometimes lab results come back to an office and are placed in a patient's file without the doctor reviewing them. Similarly, doctors sometimes review the results but fail to give them to the patient. Communicating with a specialist to whom you have referred a patient is also essential. Make sure the patient actually saw the specialist. If a patient fails to keep the appointment and you don't follow up, the patient may claim he wasn't aware of the severity of the potential complications.

If you receive notice from a patient's attorney regarding contemplated litigation, contact your malpractice insurer immediately. Insurers often appoint an attorney to represent you and will also provide instructions that can help you to avoid compromising your case.

Jeffrey D. Weinstock, Esq., is the Assistant General Counsel of Cyber-Care, Inc. Based in Boynton Beach, Fla., Cyber-Care is a technology-assisted health management company. Risk Manager provides a general summary of legal issues and should not be construed as personal legal advice. Application of these principles varies according to individual situations.