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THE DISEASE. Malpractice Lawsuits. Ominous Signs/Symptoms. 98,000 hospital deaths in U.S. each year result from medical errors 34% of U.S. patients received Wrong medications Improper treatment Incorrect or delayed test results Price gouging of doctors Malp. insurance up 120%.

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Presentation Transcript
The disease

THE DISEASE

Malpractice Lawsuits


Ominous signs symptoms
Ominous Signs/Symptoms

  • 98,000 hospital deaths in U.S. each year result from medical errors

  • 34% of U.S. patients received

    • Wrong medications

    • Improper treatment

    • Incorrect or delayed test results

  • Price gouging of doctors

    • Malp. insurance up 120%


Malpractice study conducted by harvard school of public health
Malpractice Study conducted byHarvard School of Public Health

  • Only 1 of 8 injured initiate lawsuits

  • Fewer than 50% who go to court are compensated

  • Their conclusion:”…civil-justice system only infrequently compensates injured patients and rarely identifies and holds health care providers accountable…”


2006 Harvard Release: Study casts doubt on claims that the medical malpractice system is plagued by frivolous lawsuits

  • Reviewers judged 63% of injuries due to error

  • Most claims (72%) not involving error did not receive compensation

  • There is no “lottery jackpot”--jury system works


Impact of suits
Impact of Suits: medical malpractice system is plagued by frivolous lawsuits

  • Time away from medical practice

  • Distraction

  • One Dr. vs. Dr.

  • Stress, worry

  • Embarrassment

  • Public critique

  • Financial burden


Malpractice differential dx
Malpractice Differential DX medical malpractice system is plagued by frivolous lawsuits

  • Greedy lawyers

  • Greedy insurance companies

  • Distracted doctors

  • Bad doctors

  • Opportunistic patients

  • Flawed legal system


The cure
THE CURE… medical malpractice system is plagued by frivolous lawsuits

“The first thing we do, let’s kill all the lawyers.”


The prescription
THE PRESCRIPTION medical malpractice system is plagued by frivolous lawsuits

  • 1. CARE

  • 2. COMMUNICATION

  • 3. COURTESY

  • 4. COVER


CARE medical malpractice system is plagued by frivolous lawsuits

  • Why did you become a doctor?

  • Return to your first love

  • Make caring the threshold of your practice


The prescription1
THE PRESCRIPTION medical malpractice system is plagued by frivolous lawsuits

  • 1. CARE

  • 2. COMMUNICATION


Communication
* medical malpractice system is plagued by frivolous lawsuitsCOMMUNICATION*

  • Root cause of malpractice

    • amednews.com August 16, 2004

  • Listen, listen, listen

  • History

  • Differential Diagnosis

  • Test results


More communication
MORE COMMUNICATION medical malpractice system is plagued by frivolous lawsuits

  • Form letters & calls

  • Tell patient the plan

  • Enlist family support

  • Consults

  • Think outside the box

  • Last communication


The prescription2
THE PRESCRIPTION medical malpractice system is plagued by frivolous lawsuits

  • 1. CARE

  • 2. COMMUNICATION

  • 3. COURTESY


Courtesy
COURTESY medical malpractice system is plagued by frivolous lawsuits

  • Patients are people first

  • Late from surgery

  • Arrogance


More courtesy
MORE COURTESY medical malpractice system is plagued by frivolous lawsuits

  • “Pride goes before the fall”

  • You will be found out

  • Internet changes medicine

  • Accept responsibility - APOLOGIZE!


The prescription3
THE PRESCRIPTION medical malpractice system is plagued by frivolous lawsuits

  • 1. CARE

  • 2. COMMUNICATION

  • 3. COURTESY

  • 4. COVER


Cover
COVER medical malpractice system is plagued by frivolous lawsuits

  • Is covering necessary?

  • If you don’t cover, others will

  • How to cover?

    • Refusing treatment

    • New patient procedures

    • Informed consent

    • Make notes in the chart

    • Noncompliant patient


Questions every malpractice lawyer asks
Questions Every Malpractice Lawyer Asks medical malpractice system is plagued by frivolous lawsuits

  • It is flagrant?

  • Is the chart poorly documented?

  • If the doctor was negligent, did it cause harm?

  • Is the harm significant?

  • Is there significant morbidity or is there mortality?

  • Chart alteration?


If you follow the prescription 1 c are 2 c ommunication 3 c ourtesy 4 c over
If You Follow the Prescription… medical malpractice system is plagued by frivolous lawsuits1.Care 2.Communication, 3.Courtesy 4.Cover

  • Skilled malpractice lawyer will not be able to answer those questions affirmatively so as to lead you to court.

  • Your practice, career, patient relationships will shine

  • In the unlikely event of lawsuit, you are prepared, postured to defend


The prescription4
THE PRESCRIPTION medical malpractice system is plagued by frivolous lawsuits

  • 1. CARE

  • 2. COMMUNICATION

  • 3. COURTESY

  • 4. COVER


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