21 hours ago · As a result, a patient may become angry and threaten to sue. It is an all too familiar occurrence for those who work in the healthcare field. According to Physicians Practice’s 2013 Great American Physician Survey, 15% of physicians were threatened with legal action, and nearly 35% were named in a lawsuit. This means up to a staggering 50% of ... >> Go To The Portal
Doctors and nurses need to understand that once a patient or family member threatens to sue, any reasonable medical discussion generally is over. A polite “I’m sorry you feel that way,” or “Well, I can’t respond to that,” usually is sufficient to allow the healthcare professional to complete the task at hand and then exit the situation promptly.
Full Answer
As a result, a patient may become angry and threaten to sue. It is an all too familiar occurrence for those who work in the healthcare field. According to Physicians Practice’s 2013 Great American Physician Survey, 15% of physicians were threatened with legal action, and nearly 35% were named in a lawsuit.
When a threat of a lawsuit is received, Greenfelder says the emergency physician should contact hospital risk management, and if he or she is a member of a group, the president of the group should be alerted. An ED nurse should contact his or her nursing supervisor, he advises.
Remember that medical malpractice cases almost always require medical expert testimony. If the patient's lawyer can find another physician who will testify that the three month gap in treatment caused the patient's permanent disability, the patient would be entitled to make a claim for damages for that permanent disability.
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. Look over your particular hospital policy procedure for documenting threats and follow accordingly.
One of the most common reasons for filing a medical malpractice lawsuit is diagnostic errors such as misdiagnosis and delayed diagnosis.
Not all medical injuries are the result of negligence. In fact, most medical injuries are the result either of the inherent risk in the practice of medicine, or due to system errors, which cannot be prevented simply through fear of disciplinary action.
Misdiagnosis or Delayed Diagnosis. Misdiagnosis and delayed diagnosis account for a large percentage of medical malpractice claims. ... Medication Errors. Medication errors harm thousands of people in the United States every year. ... Childbirth Injuries. ... Surgical Mistakes. ... Anesthesia Errors. ... Talk to a Medical Malpractice Lawyer.
Yes. The Privacy Rule allows covered health care providers to share protected health information for treatment purposes without patient authorization, as long as they use reasonable safeguards when doing so. These treatment communications may occur orally or in writing, by phone, fax, e-mail, or otherwise.
To be successful, any medical negligence claim must demonstrate that four specific elements exist. These elements, the “4 Ds” of medical negligence, are (1) duty, (2) deviation from the standard of care, (3) damages, and (4) direct cause.
Six Common Types of Medical MalpracticeMisdiagnoses. Misdiagnoses are among the most common types of medical negligence in malpractice claims. ... Delayed Diagnoses. ... Negligent Failure to Treat. ... Surgical Malpractice. ... Birth Injuries. ... Defective Medical Devices. ... Do You Need a Malpractice Lawyer?
That said, here are some questions that may help you answer whether you have a medical malpractice claim:What type of case is it? ... Was there a doctor-patient relationship? ... Did the doctor breach the standard of care? ... Has it been too long to file a claim? ... Was there an injury that was caused by the negligence?
In no particular order, the following are types of the most common medical malpractice claims:Misdiagnosis or delayed diagnosis.Failure to treat.Prescription drug errors.Surgical or procedural errors.Childbirth injuries.
5 Common Medical Errors That Lead To Medical Malpractice ClaimsMisdiagnosis And Failure To Diagnose. According to CBS News, approximately 12 million people who receive outpatient care are victims of some form a misdiagnosis each year. ... Prescription Errors. ... Surgical Errors. ... Anesthesia Errors. ... Childbirth Errors.
What is a HIPAA Violation? The Health Insurance Portability and Accountability, or HIPAA, violations happen when the acquisition, access, use or disclosure of Protected Health Information (PHI) is done in a way that results in a significant personal risk of the patient.
Here is the list of the top 10 most common HIPAA violations, and some advice on how to avoid them.Keeping Unsecured Records. ... Unencrypted Data. ... Hacking. ... Loss or Theft of Devices. ... Lack of Employee Training. ... Gossiping / Sharing PHI. ... Employee Dishonesty. ... Improper Disposal of Records.More items...•
Right of access, right to request amendment of PHI, right to accounting of disclosures, right to request restrictions of PHI, right to request confidential communications, and right to complain of Privacy Rule violations.
If the complaint appears legitimate and the patient is credible, Barovick says risk managers should consider informing the hospital’s professional liability carrier. If the patient follows through with a lawsuit, the carrier will not have an excuse to disclaim against the hospital.
The way clinicians respond to a lawsuit threat is important, Verschell says. Doctors and nurses need to understand that once a patient or family member threatens to sue, any reasonable medical discussion generally is over. A polite “I’m sorry you feel that way,” or “Well, I can’t respond to that,” usually is sufficient to allow the healthcare professional to complete the task at hand and then exit the situation promptly.
Verschell’s rule of thumb to healthcare providers and administrators is to be polite and “stick to the medicine.”
Those numbers show the threat of malpractice claims remains a serious matter for hospitals, health systems, and physicians.
When confronted by a credible threat of legal action, administration should be notified to take appropriate steps. This may involve remedial steps and other measures to mitigate harm, preserve potential evidence, and establish privilege should any investigation be necessary.
Confidence in quality of care does not negate the threat posed by a patient who wants to sue, says Jonathan C. LaMendola, JD, an attorney with Cobb Martinez Woodward in Dallas. Anytime a patient or patient’s family threatens to sue, it is a potentially serious matter — even if the standard of care was met, he says.
A risk manager or hospital administrator should implement a procedure for internally investigating such threats and timely introduce remedial measures. As with practitioners, medical groups and hospitals also are encouraged to refer threatened claims to their malpractice carriers.
What you should not document in the patient's chart is internal hospital or committee investigations, says Stimmel, as these may be covered by attorney/client or peer-review privilege.
The best response may be to let the patient or family member "vent, " says Greenfelder, so he or she can get his or her frustrations out. "That may be difficult to listen to, but it may cause a patient or family member to be less likely to file a lawsuit," he says.
Stimmel says to always document conversations with the patient or family members. "It is very helpful in a trial, possibly four years later, to show the plaintiffs were demanding money immediately," she adds.
It is not uncommon for a patient or family member who is unhappy with the services he or she receives in the ED to make threatening statements about filing lawsuits, says Justin S. Greenfelder, JD, a health care attorney with Buckingham, Doolittle & Burroughs in Canton, OH.
Thus, in Ohio, Greenfelder explains, you may say something along the lines of "I'm sorry for your loss" or "I'm sorry this happened to you," and that statement cannot be used against you in court.
While a patient may file a complaint "pro se" and represent him- or herself without legal counsel, Greenfelder says this is a rare occurrence. Here are the steps he recommends taking if a lawsuit is threatened:
At Positive Physicians we understand the challenges that healthcare workers face because we were founded by physicians and are guided by physicians. We share your experiences and are dedicated to helping you manage risk and protect you and your workers from liability. We are standing with you and fighting for you.
Complying with the HIPAA Security Rule and satisfying the Meaningful Use Core Objectives that require a Security Risk Analysis can be a confusing, time consuming and expensive process for a busy medical practice.
Norman G. Tabler, Jr. – Http://Www.Medicaleconomics.Modernmedicine.Com To Err Is Human. Every Physician At Any Experience Level Has Made A Medical Error. Sometimes Mistakes Can Cause Harm To Patients.
For instance, a reported 98,000 patients die annually as a result of medical malpractice. Another study shows 134,000 Medicare patients each month have an “adverse event” where they are injured in some way by doctors or medical staff. Unfortunately, if you are harmed in some way by your physician, then you have certain steps that you absolutely must take if you want to get some form of justice or compensation for suing a doctor. Here’s an idea of what you have to do if you are injured by your physician.
Danielle Bellerose filed a lawsuit against six of the doctors and nurses who had treated her daughter. Danielle later said, “If someone had just talked to me, none of this ever would have happened,” but the silence from the doctors and nurses not only propelled her to sue, but the lack of remorse fueled her passion for justice on behalf of her daughter. The Bellerose family was awarded the largest malpractice award in the state that year.
After losing a premature baby due to necrotizing enterocolitis, a devastating intestinal complication that affects premature babies, just 8 days after delivery at the Beth Israel Deaconess Medical Center, bereft mother Danielle Bellerose, was looking for answers to her question, “Why had no one diagnosed her daughter’s condition sooner?”
In the old malpractice system — one that doctors and lawyers call “deny and defend” — parties on both sides of a case would immediately gear themselves for an ugly courtroom battle. In this physician’s new system, five impartial doctors reviewed a recent possible malpractice case file and concluded her physician had made a mistake. Within three months, the patient and doctors talked to each other during a heart-felt two-hour meeting. The doctors explained the situation and assured the patient she was now cured and her lawyer said his role during the process changed from “warrior to counselor.” The patient turned to her lawyer and told him that she felt so good after that meeting that she didn’t care if she got a dime.
This figure is multiplied by the total value of all care and treatment costs and other quantifiable losses to arrive at a number for your hospital lawsuit settlement.
If the medical incident that injured you occurred at a hospital, such as with a botched surgery or a post-operative infection, then you must inform the hospital as well. This will launch an internal investigation into the incident. When you contact the hospital, you should also inform them that you want to be included in the investigation. They should contact you about providing your side of the story on the record. This can also help with later litigation as the hospital may uncover evidence during this investigation to sue a doctor or hospital for a medical negligence lawsuit.
If you have been injured by a doctor in dental malpractice, then the first step you MUST take is to request a copy of your medical records to sue a doctor. This may be a little difficult, because some offices may try to stall or stonewall you. They will also charge you a copying fee for doing this, so be prepared. However, federal law states they must provide you with a copy of your records if you request it. These files may contain information about what went wrong with your treatment to cause the injury in question. That is why it is necessary to get a copy as soon as possible. (It should also be requested quickly after the incident because some records can be altered.)
However, if the physician never formally terminated the physician-patient relationship, then, depending on the circumstances, the patient may have a reasonable expectation that the physician will continue to treat the patient.
as a result of the physician's abandonment of the patient, the patient's condition was made worse
A physician-patient relationship is the professional relationship that a doctor has with his/her patient. The relationship begins when the physician first diagnoses and treats the patient, or at least participates in the patient's diagnosis and treatment. The physician-patient relationship continues until either the physician or the patient terminate the relationship. The physician-patient relationship is both an ethical relationship governed by the state medical boards and a legal relationship defined by the courts or by state law.
For a patient who is actively treating for a condition, a physician must: give the patient proper notice that the physician is terminating the physician-patient relationship , and. give the patient sufficient time to find another physician before finally refusing to treat the patient any further.
Once a patient-physician relationship has begun, a physician is said to "abandon" a patient who still needs medical attention when the physician refuses to continue treating the patient (i.e., severs the physician-patient relationship) without giving the patient proper notice and an adequate amount of time to find another physician who can take over the patient's care. Medical abandonment can form the basis of a medical malpractice case. Read on to learn more.
Giving proper notice to a patient usually includes telling the patient, either on the phone or face to face, that the physician is terminating the physician-patient relationship and writing the patient a letter confirming the termination. The letter should be sent by certified mail, return receipt requested. The physician should not just say to the patient, "You're fired. I don't want to see you anymore." The physician should tell the patient the reasons why he/she is terminating the relationship.
Let's say that a physician stops seeing a patient without giving proper notice, and, as a result, the patient goes without medical treatment for three months. As a result of this three month gap in treatment, the patient is left with a permanent disability.
In this case, your doctor may have failed to identify signs like infections, broken bones, internal bleeding or even cancer; this type of misdiagnosis can expose the victim to severe health issues and even life-threatening situations.
If you or your loved one have been a victim of misdiagnosis, you probably want to know how much compensation you can claim. But first, it is important to stress that every case is unique. There are different types of misdiagnosis, patients’ circumstances differ, and the severity of injuries vary considerably. As a result, all misdiagnosis claims are handled on an individual basis.
Misdiagnosis is a term that refers to when a medical condition is not correctly diagnosed; that is, the doctor examines a patient and diagnoses the patient’s condition to be something it is not, or only makes a correct diagnosis after considerable delay.
This happens when a doctor diagnoses a condition that does not exist, prescribing or administering medication that is unnecessary in the process. Wrong diagnosis can have devastating effects on the victim; the pain and suffering it causes can have psychological implications and, if this is your situation, you may be entitled to a medical negligence compensation.
This could mean that they completely miss your cancer symptoms or misinterpret the symptoms as a different illness. For instance, tonsillitis and throat cancer share similar symptoms; so, a doctor may misdiagnose the symptoms.
The fracture may go undiagnosed by a doctor or A&E department because it is less obvious. Fractures can be very painful and may prevent the patient from moving the affected area.
Medical negligence happens when a doctor violates this duty of care by providing care that falls below the acceptable level of diagnosis or treatment. A number of factors may affect this standard of care, including the patient’s age, overall health, and the existing condition. Causation.