Best Practices for Medical Professionals to Prevent Malpractice Lawsuits

Sadly, even the most careful medical practitioners, have less than a 1% chance of retiring without ever facing a malpractice lawsuit brought against them. According to the National Practitioner Data Base, over ten years ending in 2018, NJ ranked fourth with nearly $2.5 billion in total medical malpractice payments. Not surprisingly, NJ is one of only 20 states that has no caps for malpractice damages. Being as proactive as possible is the best way to minimize malpractice claims.

Medical professionals can use specific methods to manage their malpractice risks better while improving the quality of care their patients receive. As an agency with extensive NJ Malpractice Insurance experience, we know how challenging it is for our insured to manage malpractice lawsuits brought against them. The following are valuable strategies medical practitioners can use to lessen the possibility of patients bringing malpractice legal action against them. 

Good Communication Creates Trust

A fundamental necessity to running a medical practice is insisting on full disclosure in open and honest communication with patients. It is human nature for patients to want their doctors to care about them. When they have that perception, they are more likely to forgive and understand mistakes. The number of malpractice lawsuits is downward in recent years because doctors provide honest explanations when unexpected outcomes occur.

The importance of effective interaction between doctors and their patients cannot be over-emphasized. Patients often take legal action due to a combination of poor communication and bad outcomes. Patients need to know that poor care or malpractice isn’t always the cause for an undesired result.

Patient – Healthcare Provider Relationships Matter

Quality medical care is the standard your patients expect when they visit you. They need to be treated with care and respect to feel comfortable when discussing their concerns for their bodies and healthcare. Patients respond well when they know the care they receive comes with compassion for their problems and respect for their needs. They are more likely to be transparent regarding their overall health, specific conditions, fears, and concerns about treatments they may need.

Positive patient-provider relationships create an environment where patients welcome open and honest communications. By knowing patients better, it’s easier to provide them and family members with a higher level of understanding of the care they need and will receive. Practitioners who earn their patient’s trust reduce the chances their patients will file lawsuits against them.

Insist on Providing Proper Informed Consent

It’s essential to get a patients’ informed consent before discussing issues relating to their health and care. Your explanation should emphasize the benefits and risks of the care they will receive as part of obtaining the patient’s informed consent. Typically, healthcare facilities include getting a patient’s informed consent via a signed agreement. This crucial task provides a strong line of defense in malpractice lawsuits.

Doctors and practitioners must have the consent of their patients for all future treatments or procedures. It’s critical that patients clearly understand all the risks involved. Also, it is incumbent on the healthcare provider to explain the risks before any procedures or operations in their oral explanation as part of the consent document with the patient’s signature required.

Preparation Prevents Misunderstandings and Distrust

The demand on a health care professional’s time can cause patients to find them distant and rushed. It’s necessary to stay current about a patient’s condition and care. Treating them with courtesy also helps prevent such misperceptions. Preparing for appointments is an integral part of the process. When you take the time to review a patient’s file before an appointment, it is a professional consideration that patients will notice. Those patients who feel like a number are more likely to file a case claiming alleged negligent behavior.

Documentation to the Defense

Accurate records and documentation of patient visits are hallmarks of a well-run practice. Proper and thorough documentation can make or break a patient’s lawsuit. Juries are more likely to side with a patient when there is no documentation to disprove their claim. Poorly-kept documentation is nearly as bad as having none. Comprehensive documentation and charts that are current, detailed, and specific to the meticulous care given at each visit effectively aid healthcare workers in defending against malpractice cases.

Continuing Education and Training Make for Best Practices

Staying current requires continued education, training, and testing. Doctors must remain updated in the area of their specialty, including knowledge of new developments, such as recently published standards of care. Whether the doctor followed the latest standards of care in their medical procedure is often focused on medical malpractice claims.

The internet makes much of the world of medicine readily accessible to the public, which makes being aware of the health care industry essential for them and their doctors and practitioners. It’s a service and confidence builder to answer patient’s ancillary questions. Your knowledge and presentation as a well-versed representative in your medical community are qualities that reassure patients and impress juries.

Follow-Up Is Crucial to Preventative Care and Unnecessary Lawsuits

Failing to follow up is a cause of many malpractice suits. Doctors and their medical staff need to follow up on post-procedure orders to ensure their instructions are not forgotten or dismissed. When a doctor fails to receive test results or does not realize their patients haven’t completed ordered tests, it creates problems leading to lawsuits. 

These actions help to lessen the risk of malpractice suits.

• Avoid missed or delayed diagnoses.
• Keep all records of exams, procedures, and counseling current.
• Make building trust with patients a priority.
• Safeguard patient confidentiality.
• Offer genuine, honest apologies that recognize any mistakes.
• Protect the practice with medical malpractice insurance.

Putting these tips into practice goes a long way toward making your medical practice less likely to be sued for malpractice. At the Dickstein Associates Agency, we seek to provide our clients with the best and most competitively priced NJ Malpractice Insurance available. In addition to our medical malpractice expertise, our professional staff is ready to help you safeguard your medical practice against the possibility of property damage or liability losses. We are here to protect you against perils that can upend your practice and put you and your assets at risk by providing comprehensive insurance coverage.

About Dickstein Associates Agency

Dickstein Associates Agency has distinguished itself as a leading provider of personal and business insurance in the tri-state area since 1965. We pride ourselves on being advocates for our clients and providing them with quality and affordable coverages. As Trusted Choice™ independent insurance agency, we partner with various national and regional carriers, allowing for flexible coverage for each client’s unique circumstances. For more information on how you can leverage all your insurance to work best for you, and how we can secure the best insurance in the marketplace suited to your specific needs and business objectives, contact us today at (800) 862-6662 or www.dicksteininsurance.com.