Are You Being Investigated? Mount a Vigorous Defense
Use experts to help you
If an emergency physician (EP) learns he or she is being investigated by the medical board, this should be taken seriously but not personally, advises Michael Blaivas, MD, professor of emergency medicine in the Department of Emergency Medicine at Northside Hospital Forsyth in Cumming, GA.
"The key is, this is all just part of doing business," he says. "You cannot take it personally. Just like a medical-legal case, things move in slow motion, and so should your emotions. Don't get fired up and don't panic."
EPs should contact their malpractice insurance carrier if the issue involves mismanagement of a patient with a negative medical outcome, says Blaivas, and an attorney may be provided.
Some EPs have hired attorneys themselves who retained Blaivas to help defend them in front of the medical board. "If the allegations from the board seem serious enough to you and an attorney, then defend yourself just like this was an actual malpractice case," he advises. "Mount a good defense, and use available literature and experts to help you."
Make sure that any hospital investigation is held under peer-review protection, adds Blaivas, so that a plaintiff's attorney cannot obtain it, and one day show it to a jury.
Anything the EP says about the investigation can be held against him or her, warns Blaivas. "This is not the time to be hasty or angry. This is the time to play lawyer. That does not mean threaten to sue someone," he says. "It means shed all emotion and pretend you have nothing at stake."
Look at the situation from a third person's point of view, advises Blaivas, and tell investigators you will review the matter and get back to them. "Then go home and start doing some homework," he says. "This is definitely the time to put on your analytical hat. Start reading to see if anything published backs up the care you gave and your decision-making process."
Be Neutral but Honest
If a case is going to be settled or goes to trial, Blaivas says the EP involved should first check what minimums exist for reporting requirements in the state. "In some cases, you may be able to push for settlement just below a minimum," says Blaivas.
Blaivas says that the EP should prepare a standard explanation about the case, putting a positive spin on it while being truthful.
"Trying to hide things can backfire. Lies tend to get very complicated to keep track of," he says. "Even if there is something embarrassing, it is best to be honest and swallow your pride." Blaivas gives this example: "It was clearly appropriate care, but a very unexpected outcome and a tragic one. I was advised it was easier to settle than risk going forward."
"There are many times when a physician is pressured to settle by the insurance company, group, or hospital," he says. "That is not a great excuse, but it works."
If asked about an old case in a deposition or trial, Blaivas says the EP should be clear that he or she believes the care provided was appropriate, such as prefacing statements by saying, "I guess the jury thought..."
"Make it clear you do not agree that you did a bad job. There may or may not be an opportunity to do this. You might just get asked some cold hard facts," he says, adding that some EPs have had many suits and settlements against them. "You can always compare yourself to the people that have been sued eight or 10 times," he says. "I have seen those folks getting deposed. They don't seem to bat an eye at it."
Above all, says Blaivas, the EP should not allow a lawsuit to affect his or her personal or business life. "So many people let lawsuits really do a lot of damage to them in all aspects of their life," he says. "That is how a suit really makes you pay."
Source
For more information, contact:
Michael Blaivas, MD, RDMS, Vice President, Emergency Ultrasound Consultants, Bear, DE. Phone: (302) 832-9054. E-mail: [email protected].
If an emergency physician (EP) learns he or she is being investigated by the medical board, this should be taken seriously but not personally, advises Michael Blaivas, MD, professor of emergency medicine in the Department of Emergency Medicine at Northside Hospital Forsyth in Cumming, GA.You have reached your article limit for the month. Subscribe now to access this article plus other member-only content.
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