Staying Out of Court

S tatistics indicate that six out of ten physicians can expect to be involved in an incident or a malpractice suit at least once during their medical careers. But a patient complaint or even a medical error doesn’t have to end up in a court battle. In some situations, a claim may not wind up in court, but may be settled by an equitable solution between the parties. In some cases, a plaintiff may drop his or her claim entirely. With thoughtful responses and careful preparation, physicians can respond to complaints and handle negative outcomes and avoid legal action. And even if a suit is filed, physicians can opt for settlement. Physicians and their staffs should always be alert to situations that could turn into a serious patient problem or a potential lawsuit. When patients experience any problem, it is essential to communicate honestly with them and their families. Legal experts say that avoiding frustrated patients, or giving them explanations that they do not understand, increases the chances of being sued. Procrastination can aggravate an already bad situation. By not responding to concerns or by appearing evasive, physicians may boost anger levels. Malpractice insurance carriers outline specific notification duties in the event of a patient complaint or legal action. It is essential to know—and adhere to—these duties. Ignoring potential legal problems will not make them go away.