| What's the use? | | | | seems to be the logical course of action. |
| Nothing you do will hold down the cost of medical | | | | They keep the physician from the patient and |
| malpractice. It feels that way sometimes, doesn't it? | | | | withhold information. Sometimes they even mislead |
| Unfortunately, for many risk managers, that's not too | | | | patients. All of which fuels the patients' feeling of |
| far off the mark. What they're doing isn't working. | | | | having been wronged. |
| We can point to other industries, greedy lawyers, | | | | So what can you do? |
| insurance companies trying to make up for losses in | | | | Equip your staff, particularly your physicians and risk |
| the stock market. But there's trouble within medical | | | | managers, to treat patients with empathy and |
| practices too. | | | | respect. Even if they threaten to sue. Especially if |
| A study published in the Archives of Internal Medicine | | | | they threaten to sue. |
| showed that many of the actions risk managers take | | | | The Harvard School of Public Health will tell you that |
| actually backfire(1). They create more risk and drive | | | | if your aim is to prevent liability loss, you may have |
| up costs. | | | | more success communicating well and showing |
| The problem is not the risk managers. It's myths | | | | patients you value them than you will by reducing |
| about medical malpractice that dominate the | | | | actual cases of malpractice |
| healthcare industry. Three myths in particular are | | | | Of course, that's easier said than done. There are |
| common and costly. | | | | two reasons. |
| Myth #1: Medical negligence causes medical | | | | First, it's stressful being face-to-face with someone |
| malpractice claims. | | | | who's upset. Most people intend to be open. But |
| What could be more logical? | | | | they're afraid it would make matters worse. |
| It's a conclusion based on common sense and backed | | | | Second, though most medical staff are |
| by data from two large studies carried out by | | | | compassionate, they don't know how to express |
| Harvard researchers over the past 20 years. | | | | that empathy in a way an upset patient can see. |
| One percent of hospital visits end in medical | | | | Instead, they try to fix the problem or show the |
| negligence. And the injured one percent are 20 times | | | | patient the right way of thinking. Which does make |
| more likely to claim medical malpractice than are the | | | | matters worse. |
| other 99 percent. | | | | My advice? Your best course of action is to get out |
| So patients injured through error must drive | | | | ahead of the problem. Train your staff to identify |
| malpractice claims, right? Wrong. | | | | patient feelings and needs, and negotiate solutions. |
| A recent report from researchers at the Harvard | | | | So patients feel no need to make claims in the first |
| School of Public Health(2) revealed that four of five | | | | place. |
| patients who file medical malpractice claims have not | | | | If that seems like a lot to bite off. Here are some |
| been injured through negligence. And the great | | | | suggestions to get you started. |
| majority of patients who have suffered negligent | | | | Train selected staff. Risk management, security |
| injury don't sue. | | | | services, and social work, work often with upset |
| Myth #2: Medical malpractice claims are random acts | | | | patients. Focus on staff in these areas to leverage a |
| If medical error doesn't drive malpractice claims, what | | | | limited training budget or to model the skills for other |
| does? Maybe claims are entirely unpredictable. | | | | employees. |
| They're not though. Injured patients are 20 times | | | | Train selected departments. Some departments, |
| more likely to sue than are patients who aren't | | | | obstetrics and neurology for example, attract medical |
| injured. And there are correlations that are far | | | | malpractice suits. |
| stronger that we'll discuss in a minute. | | | | In the case of medical malpractice, the best defense |
| Myth #3: Medical malpractice claims are filed by | | | | is not a good offense. It's good collaboration. Your |
| opportunistic patients | | | | goal is to uncover your patients' needs and negotiate |
| Undoubtedly some are. I've heard from risk | | | | solutions that meet their needs as well as the needs |
| managers, especially in economically depressed areas, | | | | of your hospital. And do it in a way your patients can |
| who feel the pinch from patients who literally fall in | | | | see. |
| the parking lot. Personal anecdotes like these though | | | | __________________ |
| can be misleading. | | | | 1. Reducing legal risk by practicing patient-centered |
| According to Beckman and colleagues in the Archives | | | | medicine, Heidi P Forster, Jack Schwartz, Evan |
| of Internal Medicine(3), the reality is that most | | | | DeRenzo. Archives of Internal Medicine. Chicago: Jun |
| patients sue because of emotional errors. They feel | | | | 10, 2002. Vol. 162, Iss. 11; pg. 1217, 3 pgs |
| deserted, feel their views were devaluated, feel that | | | | 2. Medical malpractice as an epidemiological problem, |
| information was delivered poorly, and feel their | | | | Social Science & Medicine, Volume 59, Issue 1, July |
| physician failed to understand their perspective. | | | | 2004, Pages 39-46, Michelle M. Mello and David |
| And this is why the strategies pursued by many risk | | | | Hemenway |
| managers backfire. They've been led to believe that | | | | 3. Beckman HB, Markakis KM, Suchman AL, Frankel |
| opportunistic patients take advantage of errors and | | | | RM. The doctor-patient relationship and malpractice: |
| negligence as an opening to sue. So they follow what | | | | lessons from plaintiff depositions. Arch Intern Med. |