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