Most providers are concerned with the threat of malpractice, which can take a financial toll on a practice as well as on his or her personal assets.  Malpractice claims can result in a significant increase in malpractice premiums or termination of malpractice coverage.  Some malpractice cases can even result in an investigation of a provider’s professional license.

            There are some simple steps that all providers can take to minimize the risks associated with malpractice claims, including the following:

1.         Make sure your records are complete and accurately reflect all services rendered and information provided to the patient.

2.         Make certain your records are legible.   Some hospitals and   medical groups provide seminars on quick (yet legible) handwriting.  Consider dictating your charts and then have them transcribed.

3.         Document patient complaints and attempts at resolution.

4.         Use standard medical abbreviations and follow JCAHO guidelines.

5.         Adequately disclose all known, reasonable risks to patients prior to performing medical procedures.

6.         Manage patient expectations; do not promise more than what can reasonably be achieved.

7.         Remember that ancillary service providers (such as nurses, physician assistants and medical technicians), even if licensed on their own, work under your supervision.  Provide proper supervision in all instances.

8.         Properly screen applicants before hiring, verify credentials and monitor documentation of ancillary services providers.  Know when and how to discharge employees whose professional conduct may be putting you at risk.

9.         Do not engage in medical procedures or treatment for which you are not properly trained, and know when to ask for assistance. Do not discourage second opinions.

10.       Improve communication skills with patients to lessen the chance of a lawsuit by:

• Conveying medical information in a simple way, using easy to understand language, diagrams or sketches, as applicable.
• Make certain your patients feel fully informed about their treatment and outcome potentials.
• Show concern, understanding and empathy for a patient’s situation.  Maintain good follow-up procedures (i.e., return calls promptly; keep the patient informed of his or her progress of care; establish good relationships with patient’s relatives)  
• Say you are “sorry.”  A nationwide advocacy group called “The Sorry Works! Coalition” advocates that doctors should be allowed to apologize for medical errors, in the hope the words "I′m sorry" will lead to fewer lawsuits and lower settlements.  Illinois has a so-called “sorry law,” which provides that, upon  meeting specific guidelines, an expression of grief, apology, or explanation provided by a health care provider to a patient shall not be admissible as evidence in any malpractice action .

Upon receiving notice of a lawsuit, you must promptly notify your malpractice carrier.  It is likely your carrier has provided you with specific protocols to follow in the event you are involved in a suit.  It is important you follow the insurer’s direction, as most policies require you do so as a condition of coverage.  Your insurance carrier will hire a lawyer on your behalf.  In the event it appears a malpractice plaintiff may receive an amount in excess of his or her malpractice policy limits (commonly referred to as an “excess verdict”), it is critical to secure personal representation early in the litigation.  In an excess verdict scenario, the interests of the malpractice insurer and the physician may began to diverge, with the former only responsible for the policy limits, and the physician responsible for any excess amount.  The Firm has extensive experience representing physicians in excess verdict cases and we are always available to discuss these issues with you.