The Bedside Lawyer

Today's hospital administrator faces a number of"high-complaint" physicians; meaning in a survey of
challenges including rising costs, labor shortages,physicians in one teaching hospital they had the most
increased regulatory requirements and the potentialpatient complaints on file. Complaints fell into
for costly, credibility damaging lawsuits. We live in acategories of communication, care and treatment,
litigious time. Disputes are played out in the courthumaneness, access, environment, and billing.
system and in the realm of health care, lawsuits canPhysicians who have a bad rapport with their patients
take millions of dollars and years before they arehad a higher incidence of every other type of
concluded. It is in the best interest of hospitals to docomplaint listed. In other words, patients were more
all that is possible to mitigate the risk of litigation.likely to report adverse outcomes or diagnosis
Every hospital will face litigation but there are waysproblems when the physician was considered rude or
to reduce the opportunity and /or reduce thecommunicated poorly.
damages if sued. While in no way a comprehensiveQuality management. Quality programs must be more
list, the following guidelines can help.than the program du jour. Just as risk management
Risk management must be facility wide. All Hospitalsmust be embedded in the hospital culture, there must
have Risk Management Departments but riskbe a bottom up commitment to quality procedures.
management cannot be confined to a department toQuality when viewed through the lens of "must do"
be truly effective. It is not enough to satisfy thepolicies and procedures becomes devalued as "one
requirements of the various governing bodies duringmore management program." However, an
times of accreditation. An effective risk managementorganization that involves everyone in the quest for
program is embedded into the culture of the hospital.quality and the pride that accompanies providing an
Every employee at every level is in effect a riskexcellent product or service will be far more
manager. Risk management is sometimes viewed aseffective.
a necessary evil. Hospitals must move beyond doingInfection Control. In the United States more than 1.7
what is required to adopting a risk adverse culture.million people will get a drug resistant infection from a
This requires active involvement of staff at all levels,hospital. More people die from hospital infections than
continuous monitoring and communication.AIDS and breast cancer combined. Hospital acquired
Internal Service. Employees that do not feel valuedinfections is a well documented problem and
by the organization will not invest in its policies.disturbingly most can be prevented through the
Studies have shown that employee satisfaction leadsimplementation of rigorous sanitary and bacterial
to greater productivity and loyalty. Hospitals musttesting procedures. Infection control needs to be
make everyone feel like part of the team, physicians,vigorously monitored and should be a vital piece of
nurses, clerical, every person that works in thethe overall risk management strategy.
hospital must feel like an integral part of theAny risk mitigation strategy will require an organized,
healthcare team. In no other environment isrigorous surveillance and management to be
teamwork a life and death matter. More importantly,effective. Physicians, and hospital staff all play a part
happy employees treat patients well. Patients thatin risk management activities but hospital
have a positive hospital experience even in the eventmanagement must make decisions and provide
of a problem are more willing to resolve the disputesufficient resources for risk management activities.
without litigation. It is human nature to not wage aStaff and physicians should have an active voice in
hostile battle with someone who has treated youpolicy and risk events need to be clearly
well. Treat your staff well and make them feelcommunicated to all. As risk is identified there also
valued and patients will receive better care and youneeds to be a clear mechanism for correcting or
will lower your risk of litigation.eliminating the risk. The absence of problem-resolution
Doctor-Patient Relationship. There is a great deal ofmechanisms in hospitals is a major cause of poor
evidence to support the importance of the impact ofquality and unnecessary risk.
the doctor-patient relationship on litigation. ThisManaging risk will not only reduce the potential for
relationship is a significant determinant of thelitigation but will provide hospitals with a clear
physician's claims experience (Hickson et al., 1997;competitive advantage. A hospital that adopts a risk
Levinson et al., 1997; Pontes and Pontes, 1997;adverse culture will provide better patient care and
Beckman et al., 1994) Hickson et al. found thatthat translates to success in the highly competitive
"high-malpractice" physicians were also likely to bemarketplace of healthcare.