Simple steps to avoid patient injury and lawsuits

1. Simple steps to avoid patient injury and lawsuits
© CureMD Healthcare

2. Lawsuits
• In case of a lawsuit, physician confidence and trust
suffers massively
• Physicians are faced with diagnostic errors,
incomplete follow-up and other risks every day
• However, by creating procedures and policies to
protect their practices, physicians can mitigate risks
of patient injuries and save themselves from
unnecessary lawsuits

3. Risks that physicians need to mitigate
• Faulty communication
– If patients feel their physicians have their best interests in
their mind, they will be more forgiving of errors
– During the last decade, medical malpractice claims have
decreased significantly because more physicians are
offering explanations to patients in case of an unexpected
outcome
– Unexpected outcomes do not generally result in lawsuits
– However, unexpected outcomes combined with poor
communication are often the biggest reason when
patients consider lawsuits

4. Risks that physicians need to mitigate
• Lack of informed consent
– It is critical to take patient consent before a procedure is
performed.
– Patients must have full understanding of the associated
risks.
– All risks must be clearly communicated to the patient in
writing before the procedure, and not afterwards
– Preferably, you should get patient signatures on consents
developed by a professional attorney

5. Risks that physicians need to mitigate
• Failure to stay up-to-date on standards
– Physicians must stay up-to-date on best practices and the
industry standards
– They must be aware of any changes in disease
management for chronic conditions, technological
innovations, latest researches and government mandates
– Physicians must make sure that they are educated on EHRs
and have received adequate training on the systems they
use
– They must understand using templates, clinical decision
support systems and electronic prescribing

6. Risks that physicians need to mitigate
• Inadequate follow-ups
– Inadequate follow-up of diagnostic test results and
specialist referrals are one of the most frequent reasons
for litigations
– Physicians should also follow-up with specialists when
referring patients
– They must have a reminder when to expect the specialist
report
– In case the report is not received on time, the referring
physician should alert the patient and the referring
provider in addition to making a note in the patient’s
medical record

7. Risks that physicians need to mitigate
• Variation in policies and procedures
– Practice policies and procedures should be available to all
the staff members
– They must be kept in a format that is easy to access and
must be reviewed periodically to ensure it is reflective of
changing preferences and requirements
– Policies should enlist set of rules for ordering new
prescriptions or refills
– Rules to deal with cancellations and no-shows should also
be part of the policies

8. Risks that physicians need to mitigate
• Avoidance behavior
– Physicians must understand that avoiding a patient in case
something goes wrong is never useful.
– Putting oneself in patient’s shoes and their families would
really help a physician sympathize.
– Physicians should not be afraid to face them and let them
know how they feel.
– Risk management is an on-going process and as new
technology emerges, risks will continue to evolve as well.
Practices and physicians need to constantly reassess
quality and safety to keep themselves guarded

9. Read more on blog.curemd.com
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• http://blog.curemd.com/simple-steps-to-avoidpatient-injury-and-lawsuits/

10. Thank you!
CureMD Healthcare
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Ph: 212.509.6200
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