how to report doctor threatening patient

by Wiley Feeney III 5 min read

2098-If a doctor believes that a patient might hurt himself …

26 hours ago  · HIPAA permits a covered health care provider to notify a patient’s family members of a serious and imminent threat to the health or safety of the patient or others if those family members are in a position to lessen or avert the threat. Thus, to the extent that a provider determines that there is a serious and imminent threat of a patient physically harming self or … >> Go To The Portal


If a dermatologist reasonably believes the patient is a threat to the safety of other patients, staff, or him/herself, this must be reported to the police. Dr. Nice might even consider temporarily hiring a guard.

Full Answer

How to deal with patient threats in the hospital?

Look over your particular hospital policy procedure for documenting threats and follow accordingly. Most patient threats are empty and are often resolved by recognition of their anger and a plan of action to fix the issue.

Can a provider warn a patient of an imminent threat?

Thus, to the extent that a provider determines that there is a serious and imminent threat of a patient physically harming self or others, HIPAA would permit the provider to warn the appropriate person (s) of the threat, consistent with his or her professional ethical obligations and State law requirements. See 45 CFR 164.512 (j).

Who does a doctor report a complaint to?

If the doctor works at a hospital or larger private practice, they likely report to a practice manager or owner, or to a department head. Taking your complaint to this person may achieve results you weren't able to achieve on your own.

How do I talk to my doctor about my concerns?

Write down your concerns before bringing the issue up with the doctor. Because doctors can be intimidating, it might help to write down specifically what you want to talk to your doctor about. That way you won't forget anything if you get flustered or agitated. This is especially valuable if you have more than one issue you want to discuss.

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How do you respond to an unprofessional doctor?

Here's how best to respond to a rude doctor:Take a deep breath and try and calm your emotions.Try not to take it personally.Explain yourself clearly.Use plain and simple language.Be as honest as possible.Avoid being combative or rude back.

How do you offend a doctor?

How to Insult A DoctorGoogling your own diagnosis, asking questions based on it and not trusting your doctors opinion.Questioning their judgement (the more experienced, the greater the insult)Asking to see doctors of a specific age, gender, race or sexuality instead.More items...

What is unethical behavior for a doctor?

Taking money from medical device manufacturers or pharmaceutical companies. Failing to report an impaired colleague. Working while impaired by alcohol or drugs. Becoming romantically involved with patients or family members of a patient.

How can I file a complaint against a doctor in India?

In case if you are not satisfied with reply of SMC then you can send your complaint to the Medical Council of India. MCI. If there is criminal type complaint then the affected consumer can file a complaint with the local Police Station. However, expert opinion will be required to register any police complaint.

Do doctors judge their patients?

The survey found that 40% of physicians reported having biases toward certain groups of patients. For a handful of specialties, closer to half of doctors said they harbored biases, including 62% of emergency medicine doctors, 50% of orthopedists, 48% of psychiatrists and 47% of family medicine doctors and OB-GYNs.

What is medical Gaslighting?

Medical gaslighting is when a healthcare provider dismisses your complaints or concerns. They don't seem to take you seriously or blame your symptoms on a vague cause (such as stress). And they may send you home without a proper diagnosis or treatment plan.

What is unprofessional behavior in healthcare?

Behaviors such as rude, loud, or offensive comments; sexual harassment or other inappropriate physical contact; and intimidation of staff, patients, and family members are commonly recognized as detrimental to patient care.

What happens to a doctor who violates medical ethics?

However, if your doctor did commit an ethical violation, and you don't act to hold him or her accountable, two things may happen. You will lose your opportunity for closure, and compensation for your suffering. Also, the doctor will not be held to account for his or her actions, and may go on to harm other patients.

What is considered patient abuse?

Patient abuse or neglect is any action or failure to act which causes unreasonable suffering, misery or harm to the patient. Elder abuse is classified as patient abuse of those older that 60 and forms a large proportion of patient abuse. Abuse includes physically striking or sexually assaulting a patient.

How do you write a formal complaint letter about a doctor?

Some tips for an effective complaint include:Provide as much evidence as possible, but make sure you have copies of any evidence you send to the hospital. ... Keep your complaint succinct and to the point. ... Highlight issues that other organizations, such as state regulators or the media, are likely to care about.More items...•

What are the types of medical negligence?

Different types of medical negligencedifferent types of medical negligence.Misdiagnosis.Delayed Diagnosis.Surgical Error.Wrong Site Surgery.Unintentional Laceration or Perforation.Unnecessary Surgery.Negligent Anesthesia Preparation.More items...

What are the 4 D's of medical negligence?

Malpractice can have devastating consequences for victims and their families, such as causing serious injury or death for the patient. To protect yourself from medical malpractice and seek justice whenever needed, it is vital to be aware of the four D's: duty, direct cause, damages, and dereliction of duty.

What is an improper care complaint?

Improper care or unsafe conditions. You may have a complaint about improper care (like claims of abuse to a nursing home resident) or unsafe conditions (like water damage or fire safety concerns).

How to file an appeal with Medicare?

For questions about a specific service you got, look at your Medicare Summary Notice (MSN) or log into your secure Medicare account . You can file an appeal if you disagree with a coverage or payment decision made by one of these: 1 Medicare 2 Your Medicare health plan 3 Your Medicare drug plan

EXECUTIVE SUMMARY

Recent amendments to federal patient privacy regulations give clinicians new allowance to report patients with mental health issues, but state laws may differ. Ethicists can do the following:

Not Domain Of Ethics

Mathew David Pauley, JD, MA, MDR, regional ethicist at Kaiser Permanente Northern California in Oakland, has seen ethics consults called because clinicians were alarmed at a patient’s documented history of violence. Other times, ethicists were called when a patient or family member became violent in the hospital setting.

SOURCES

Mathew David Pauley, JD, MA, MDR, Regional Ethicist, Kaiser Permanente Northern California, Oakland. Phone: (510) 987-4608. Email: mathew.d.pauley@kp.org.

Why is it important to report health care errors?

It is important that problems be properly reported so that regulatory boards can reduce the likelihood of future errors by creating solutions to common treatment mishaps ...

What happens if a hospital is not performing up to the medical standard?

If your doctor or hospital is not performing up to the medical standard, you can report it to a regulatory board. If the negligence lead to an injury, you may have a legal claim. By Andrew Suszek.

What is the purpose of a medical malpractice lawsuit?

On the other hand, the purpose of a lawsuit for medical malpractice is to get compensation for harm caused by a mistake by a doctor or hospital. Such a lawsuit must be filed in court, and patients should usually consult an attorney before initiating the process.

What is the purpose of filing a medical complaint?

The purpose of filing a report with a state's medical complaint board is to provide the professional medical community with information that a doctor or hospital is not meeting the standards of the profession. But a patient might also want to notify the general public of the mistake so other potential patients can avoid the doctor or hospital.

Where can I find the medical complaint board?

The contact information for the medical complaint boards of all 50 states can be found at Consumers' Checkbook. It is important to understand that in some states, after a patient submits a report, the board may never contact the patient or sanction the doctor. This does not mean that the board ignored the report.

Can a patient sue for medical malpractice?

Once the offer is accepted, the patient will no longer be able to sue for medical malpractice over the incident, since the signing of a release of rights would be part of the deal.

Can a medical malpractice lawsuit be filed?

No. It is critical to understand that filing a report does not initiate a medical malpractice lawsuit, nor does it automatically help to establish medical negligence in any case you do eventually file. A report filed with the state board can only affect the ability of the doctor or hospital to continue practicing medicine.

What to do if your doctor says something that offended you?

If your doctor said or did something that offended you, try to understand their intentions first.

How to write a letter to a doctor?

Draft a letter outlining your complaint. Write a formal business letter that briefly explains who you are and describes the incident or the reason you're complaining about the doctor. Include as many specific details as you can, including the date and time the incident (or incidents) occurred.

What to do if your doctor is rude?

If your complaint is that your doctor is rude, you may be better off simply finding a new doctor. Tip: If your doctor makes you feel uncomfortable or unsafe, don't be afraid to leave. The one thing you can always do is find a new doctor.

What to do if your doctor works at a hospital?

If your doctor works at a hospital, call the hospital and ask who's in charge of the department where your doctor works . Tip: If you're not comfortable asking your doctor specifically, you can ask another doctor or a nurse who works with your doctor who your doctor reports to.

What to do if your doctor continues to be the same?

However, if your doctor continues with the same behavior, even after you've had a conversation with them about it, you may want to report the doctor to someone else, or consider looking for a new doctor. You may want to research the rules that govern doctors' behavior to see if your doctor has violated one of those rules.

How to describe your doctor's behavior?

Avoid emotional pleas and loaded language. For example, instead of saying that your doctor was rude, provide specific examples of instances in which your doctor was rude.

What to do if you don't like a doctor?

If you don't like the doctor, if they are rude to you or make you feel uncomfortable, sometimes the best response is simply to find another doctor.

Why is mandatory reporting required?

Mandatory reporting of persons believed to be at imminent risk for committing violence or attempting suicide can pose an ethical dilemma for physicians, who might find themselves struggling to balance various conflicting interests. Legal statutes dictate general scenarios that require mandatory reporting to supersede confidentiality requirements, but physicians must use clinical judgment to determine whether and when a particular case meets the requirement. In situations in which it is not clear whether reporting is legally required, the situation should be analyzed for its benefit to the patient and to public safety. Access to firearms can complicate these situations, as firearms are a well-established risk factor for violence and suicide yet also a sensitive topic about which physicians and patients might have strong personal beliefs.

How does a firearm affect a physician?

Depending on their personal experience with guns, physicians might have varying levels of concern about or comfort with the implications of a firearm’s involvement in a given case . They might also be hesitant to question a patient further on the topic, as they might be concerned about offending the patient by asking about what many perceive to be a private issue. However, ascertaining the types of guns owned, how they are stored, and if the patient has any intentions of using them are important components of risk assessment.

Why did Thomas struggle to sleep?

After a painful breakup with his long-time girlfriend, Thomas struggled to get over feeling angry about his girlfriend’s decision to end their relationship. Specifically, Thomas was unable to sleep well, despite trying numerous over-the-counter sleep aids. He decided to make an appointment with Dr. B to get a prescription for something that might help.

Can a physician tell a patient that the information will be shared with another party?

In many cases, physicians might choose to tell the patient, as Dr. B did, that the information will be shared with another party.

Do medical laws fit into real life cases?

Despite their attempts at specificity, these laws often do not fit neatly onto real-life patient cases. In some jurisdictions, the statements made by the patient can meet the threshold at which a physician is mandated to report in order to warn or protect a potential victim.

What does the Code of Medical Ethics say about trust?

Trust can be established and maintained only when there is mutual respect.”. The Code says that in their interactions with patients, ...

What is the code of ethics for physicians?

The Code says that in their interactions with patients, physicians should: Recognize that derogatory or disrespectful language or conduct can cause psychological harm to those they target. Always treat their patients with compassion and respect.

Can a physician in training turn to science for help?

It’s a clinical curveball, though in this case a physician in training can’t turn to science for help.

What is the purpose of an internal investigation when a patient makes a threat?

When a patient makes an official threat, typically an internal investigation is started to determine the credibility of the claim, document pertinent facts, and assess liability.

What to do when a threat is made?

When a threat is first made, a gut reaction is to stop talking and leave the situation to administrators. In most situations, this would be a big mistake. Talk things over with the patient the moment a threat is made. Ask the patient why they feel a lawsuit is necessary, and what you can do to help address the issue.

What to do after talking to a patient?

Immediately after talking with the patient, document your conversation in a neutral and objective tone. Attorneys rely on records. If it is not written down, it doesn’t exist. The best advice an attorney can give is to chart and document thoroughly.

What to do if you get served with notice of a lawsuit?

If you find yourself served with notice of a lawsuit, it is time to talk with your attorney. An attorney can help you navigate the dangerous legal waters and act as an advocate for you and your reputation. Attorneys are bound by ethics to have your best interest in mind, so their advice should not be taken lightly.

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