New York doctors and healthcare professionals understand how quickly a patient complaint can lead to a host of negative consequences, including discipline, administrative hearings, potential loss of a medical license and a medical malpractice lawsuit.
While you cannot control the actions a patient decides to take, taking these steps when faced with an unhappy patient can mitigate the situation and prevent it from spiraling out of control.
Good communication and thorough recordkeeping
Miscommunication often results in patient complaints. Communicating clearly and directly with patients helps avoid misunderstandings. Do not rush through conversations with your patients. Make sure to thoroughly answer their questions, even if they ask them more than once.
Remember that they are going through a difficult and emotional time and may not retain information as quickly as they would under normal circumstances.
Train your staff on properly communicating with patients. Emphasize how good communication can ensure patients have a realistic idea about what to expect and understand your policies.
Part of good communication involves thoroughly explaining procedures, including risks and benefits of any treatment, always obtaining informed consent and consistently following up with patients.
Responding to a complaint or lawsuit
Keep complete and accurate records that document every conversation with a patient. Take advantage of any offered training on these topics or other best practices to provide your patients with the best experience possible.
Although you and your staff may do your best, you might find yourself facing a patient complaint to a medical board one day. You will likely learn of the complaint by receiving an official notice.
Notify your medical malpractice insurance provider immediately after receiving the notice. This will allow the insurance company time to begin preparing your defense.
Gather and preserve the patient’s medical records. These records are the evidence you need to show that you met the standard of care. Be careful to make sure that the records are not modified or altered in any way.
The notice will have a deadline to respond. Do not ignore or dismiss the notice. Respond to the medical board within the required time.
Your response should generally include an explanation of the situation along with any relevant documentation in support of your defense.
Once your response is filed, you will be scheduled for an administrative hearing. This is your chance to provide testimony and evidence in your defense.
Next steps in a medical malpractice lawsuit
If the patient has filed a medical malpractice claim against you, the discovery process is typically the next step. This is the formal process of exchanging information with the other side. You may also be required to appear for a deposition, which involves being subjected to questions by the client’s attorney.
What you say at a deposition is extremely important and can make a major difference in the outcome of your case. It is important to adequately prepare for your deposition to know what questions you may be asked and what aspects of your care and evidence to focus on.
Not all medical board complaints or medical malpractice claims end up in court. You may attend mediation to try to settle the lawsuit without going to court. While you should give mediation a chance, you should also be prepared to go to trial if necessary.
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