Unfortunately, the risk of a malpractice lawsuit at some point in a medical career is high. To make matters even more frustrating, the rate of mega malpractice lawsuits is on the rise. Earlier this year, a New York jury ordered a hospital system to pay more than $100 million after its staff failed to recognize the signs of a stroke in a patient.
This example is not an anomaly. The average monetary settlement or award from medical malpractice lawsuits in 2023 was larger than any other year on record. Almost sixty cases that moved forward throughout the country had a final verdict of more than $10 million, and those who practice in New York often face higher dollar verdicts than other areas of the country.
What’s a doctor to do? You likely entered the profession to help the community, to heal those in need, and now you need to worry about multi-million dollar lawsuits. It hardly seems fair. Thankfully, there are steps you can take to mitigate the risk.
Three steps to mitigate the risk of a medical malpractice claim
In this case, the sports adage bears some truth: the best offense is a strong defense. These proactive steps can help reduce the risk of a medical malpractice claim during your tenure as a physician:
- Document, document, document. Keep thorough and organized records. These can help to establish the reason for a chosen treatment option in the event of a lawsuit.
- Remember your manners. There is evidence that a good bedside manner goes a long ways towards reducing the risk of a lawsuit. Take time to listen to your patients.
- Follow the rules. Most notable: informed consent. Make sure patients receive this information and take time to answer questions if necessary. Also follow the acceptable standard of care for any given situation.
With these steps, you not only reduce the risk of a medical malpractice lawsuit but also put methods in place that help you have the information you need in the event you are forced to defend yourself against allegations of malpractice.
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