Avoiding medical malpractice claims in New York

One of the most pervasive myths in New York State’s medical community is that most medical malpractice claims begin with the patient’s belief that the physician made some kind of professional mistake. In fact, research has demonstrated that the source of most medical malpractice claims is the patient’s displeasure with the manner of personal treatment provided by the doctor.

According to several studies of malpractice cases, most suits begin with the patient wanting to understand what went wrong and who was responsible for the error. Many malpractice plaintiffs are also motivated by a desire to prevent the harm from recurring.

The basic rule for avoiding a malpractice claim

Knowledgeable malpractice attorneys say that most cases begin with the patient’s feeling that the health caregiver failed to spend enough time listening to the patient’s concerns. Doctors who fail to demonstrate a genuine interest in the patient and the patient’s concerns are more likely to be the subject of malpractice claims than physicians who take pains to develop a trusting relationship with the patient.

Good communication works in other ways to prevent malpractice claims. If the patient trusts the physician, the patient is far more likely to be candid with the doctor about such matters as drug use or sexual activity. If the patient trusts the physician, the patient is far more likely to follow the physician’s instructions regarding a medication regimen and follow-up tests and procedures.

Communication, Part II

Physicians who are able to spend time with patients and listen attentively to their concerns do not see nearly as many malpractice claims as physicians who adopt an all-knowing air when discussing medical issues with the patient. Effective communication also includes written communications that explain the reason for a referral, the interpretation of lab results, and clear and contemporaneous documentation of patient visits. Such documentation should also be kept in the patient’s medical records.

Adequate diagnosis

In a recent study of malpractice claims, the largest segment of patient complaints – 39 percent – related to a faulty diagnosis. Physicians should follow a differential diagnosis process and maintain clearly written documentation that they have done so. The physician should keep careful written records of the entire diagnostic process.

Practice culture

An often overlooked cause of malpractice claims is the role of the organization’s culture. If the physician is treated as the captain of the ship whose word should not be questioned, malpractice claims are far more likely to arise. If an organization treats other members of the care team as equals, the quality of care is likely to be very high and malpractice claims very rare.

In the unhappy event that a healthcare organization is served with notice of a malpractice claim, the matter should be referred to an experienced malpractice defense attorney or to the organization’s insurance carrier. Insurance companies will then be able to retain the lawyer that is best able to handle the case.