Physician Risk Management 2013-01-01

Patient harmed? Early compensation might prevent costlier malpractice suit

Good or bad, we are going to be extraordinarily objective and transparent in our review of patient care, to the point that its probably going to shock you. This is the first thing plaintiffs and their attorneys are told when meeting with representatives of Schumacher Group, a Lafayette, LA-based healthcare resource company.

Higher coverage limits could make you a target

Physicians carrying a high coverage limit can make themselves a target as a deep pocket for any incident or claim, warns Elke Kirsten-Brauer, Dipl-Kfm, executive vice president and chief underwriting officer for MGIS Underwriting Managers, a business unit of The MGIS Companies, based in Salt Lake City, UT.

Frustrated with a patient? Don’t let it show in chart

While most physicians would think twice before using strong, unflattering language to describe a colleague in a patients chart, they might not exercise the same degree of caution when documenting their impression of their patient.

Conflicts in chart? Expect attack on your credibility

A discrepancy in the patients medical record is something that a physician defendant can expect a plaintiffs attorney to take full advantage of.

Defend non-compliance with guidelines in chart

If the reason you didnt comply with a clinical guideline isnt explained in the chart, a case alleging medical malpractice suddenly will become much harder to defend.

With electronic medical records, make these charting changes, and make the record defensible

An ear, nose, and throat examination might not be necessary for a patient presenting with right-sided chest pain, but if the electronic medical records (EMRs) screen is left blank, this blank could become a pivotal issue during a malpractice suit.

Neurosurgeons report practicing defensive medicine

To minimize malpractice risk, 45% of neurosurgeons have eliminated high-risk procedures, according to a recent survey of 1,028 neurosurgeons.1

Malpractice payouts vary widely by state

The average medical malpractice payment nationally was $262,727 from 1990 to 2006, according to a study of payments made in and out of court, including jury awards and settlements.1 Researchers queried surgery-related medical liability payments in the National Practitioner Data Bank.

Physician Legal Review & Commentary: Failure to screen for cancer results in $5.4 million jury verdict

News: A 65-year-old man was diagnosed with Stage IV colorectal cancer after exhibiting warning signs, including rectal bleeding, irregular bowel movements, and lethargy, while under the care of his internist for 16 years. Despite being at a higher risk for colorectal cancer after the age of 50, the internist never referred the man to a gastroenterologist or for a colonoscopy. The man died at the age of 69 after undergoing four years of aggressive chemotherapy treatment. In the wrongful death action that followed, a jury awarded the decedents family $5.4 million after finding the internist negligent in failing to screen the decedent for colorectal cancer.

Physician Legal Review & Commentary: Fatal heart attack yields $3.74 million jury verdict

News: A 59-year-old man suffered chest pains, and he was taken by ambulance to a nearby hospital. After the hospital staff determined that the man had not suffered a heart attack, the hospital staff discharged the man home.

Physician Risk Management – January 1, 2013

January 1, 2013