3 Tips To Help Caregivers Avoid Medical Malpractice

Medical malpractice in the U.S. is a function of its own definition and the definition of the standard of care.

In a research paper on medical malpractice in the U.S., the author defines medical malpractice as any act or omission by a physician during treatment of a patient, that deviates from widely accepted medical community norms and causes the patient injury.

The definition of standard of care has undergone several mutations and today is defined as “That which a minimally competent physician in the same field would do under similar circumstances”.

These definitions are interpreted by each state, as per accepted norms of practice in the medical community in that state.

As per this report, about $4 billion was paid out in lawsuits related to medical malpractice in 2018. Out of these, diagnostic medical errors accounted for 34%, surgical malpractice accounted for 21% and treatment malpractice accounted for 21%. Another revealing statistic was that 30% of the claims ended in death.

Thus, if you are a physician or surgeon, you need to understand these definitions and statistics. Furthermore, you should do your duty according to accepted norms of practice in the medical community of the state in which you are practicing. You can also take out medical malpractice insurance.

There is no need to be unduly perturbed. If you are, you can further compound any errors you may make.

Here are 3 tips to help you avoid becoming a victim of medical malpractice.

1. Strong Communication

Good communication is one of the most important things to follow. In a multi-racial country such as the U.S., all patients may not understand your language perfectly and your message could be misunderstood. Therefore, you must make it a point to drive home the implications of your diagnosis, treatment, and follow-up in a manner that is understood by the patients. If you have any indications of the message being misunderstood, you should explain it to the family members. Confirm that the patient and family members understand. Secondly, be completely honest about your diagnosis. If there is an element of doubt or risk, express it clearly so that the patient understands. Honest communication is a sure way of gaining the trust of your patient and minimizing the risk of facing a lawsuit later if things don’t pan out well for the patient.

2. Stay Up-to-Date

As mentioned earlier, if you deviate from accepted norms of practice in the medical community, then you would be committing medical malpractice. Therefore, it is absolutely necessary for you to keep yourself up to date with the goings-on in your medical community. You need to read medical journals pertaining to your specialty. You have to track changes in technologies, medical treatment, and new methods of diagnosis. Your new knowledge would come in useful in your consultation and when you cite the latest treatment plans patients can react positively to you and possibly to the treatment itself.

Thus, keeping up to date on what is happening in your specialty is a second tip that is vitally important, for you to avoid being slapped with a medical malpractice lawsuit.

3. Follow Up With Patients

Many times, patients do not follow your advice or commit themselves to further diagnostic tests. You must set up a system in your practice, for your staff to keep in contact with the patients and ensure they follow your plan of action. It is a good strategy for your staff to do follow-ups rather than the other way around. This effort on your part will go a long way in building up the trust quotient between you and the patient.

Good follow-ups require good recordkeeping. Ensure medical records are kept up to date and extremely confidential. Patients may forget to bring their medical files. Therefore, it is in your interest to keep a file with you for ready reference with all updated records.

You should also ensure you and your staff are always courteous and understanding of the patients’ mental framework when they visit you for consultation.

Remember, good communication, up-to-date knowledge, and constant follow-ups can help you build a trusting relationship with your patients. These can minimize the risk of facing a malpractice suit in the future.