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THE DISEASE

THE DISEASE. Malpractice Lawsuits. Ominous Signs/Symptoms. 98,000 hospital deaths in U.S. each year result from medical errors 34% of U.S. patients received Wrong medications Improper treatment Incorrect or delayed test results Price gouging of doctors Malp. insurance up 120%.

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THE DISEASE

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  1. THE DISEASE Malpractice Lawsuits

  2. Ominous Signs/Symptoms • 98,000 hospital deaths in U.S. each year result from medical errors • 34% of U.S. patients received • Wrong medications • Improper treatment • Incorrect or delayed test results • Price gouging of doctors • Malp. insurance up 120%

  3. Malpractice Study conducted byHarvard School of Public Health • Only 1 of 8 injured initiate lawsuits • Fewer than 50% who go to court are compensated • Their conclusion:”…civil-justice system only infrequently compensates injured patients and rarely identifies and holds health care providers accountable…”

  4. 2006 Harvard Release: Study casts doubt on claims that the medical malpractice system is plagued by frivolous lawsuits • Reviewers judged 63% of injuries due to error • Most claims (72%) not involving error did not receive compensation • There is no “lottery jackpot”--jury system works

  5. Impact of Suits: • Time away from medical practice • Distraction • One Dr. vs. Dr. • Stress, worry • Embarrassment • Public critique • Financial burden

  6. Malpractice Differential DX • Greedy lawyers • Greedy insurance companies • Distracted doctors • Bad doctors • Opportunistic patients • Flawed legal system

  7. THE CURE… “The first thing we do, let’s kill all the lawyers.”

  8. THE PRESCRIPTION • 1. CARE • 2. COMMUNICATION • 3. COURTESY • 4. COVER

  9. CARE • Why did you become a doctor? • Return to your first love • Make caring the threshold of your practice

  10. THE PRESCRIPTION • 1. CARE • 2. COMMUNICATION

  11. *COMMUNICATION* • Root cause of malpractice • amednews.com August 16, 2004 • Listen, listen, listen • History • Differential Diagnosis • Test results

  12. MORE COMMUNICATION • Form letters & calls • Tell patient the plan • Enlist family support • Consults • Think outside the box • Last communication

  13. THE PRESCRIPTION • 1. CARE • 2. COMMUNICATION • 3. COURTESY

  14. COURTESY • Patients are people first • Late from surgery • Arrogance

  15. MORE COURTESY • “Pride goes before the fall” • You will be found out • Internet changes medicine • Accept responsibility - APOLOGIZE!

  16. THE PRESCRIPTION • 1. CARE • 2. COMMUNICATION • 3. COURTESY • 4. COVER

  17. COVER • Is covering necessary? • If you don’t cover, others will • How to cover? • Refusing treatment • New patient procedures • Informed consent • Make notes in the chart • Noncompliant patient

  18. Questions Every Malpractice Lawyer Asks • It is flagrant? • Is the chart poorly documented? • If the doctor was negligent, did it cause harm? • Is the harm significant? • Is there significant morbidity or is there mortality? • Chart alteration?

  19. If You Follow the Prescription…1.Care 2.Communication, 3.Courtesy 4.Cover • Skilled malpractice lawyer will not be able to answer those questions affirmatively so as to lead you to court. • Your practice, career, patient relationships will shine • In the unlikely event of lawsuit, you are prepared, postured to defend

  20. THE PRESCRIPTION • 1. CARE • 2. COMMUNICATION • 3. COURTESY • 4. COVER

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