Tuesday, October 6, 2015

Patients, Communication, and Malpractice

Malpractice cases involving physicians can occasionally revolve around objections to an unexpected outcome rather than any actual injury or substandard care. 

The Doctors Company, a physician owned insurance provider, analyzed claims filed against orthopedists that resolved between 2007 and 2014.  They found that the top patient claims involved claims of improper management after surgery (16%), followed by diagnosis issues – delays or misdiagnoses (13%).

Upon further analysis, physicians at The Doctors Company found that in nearly 33% of the medical malpractice cases they surveyed, patients did not comply with the treatment plans which were provided by their physicians.  In addition, patient decisions contributed to additional complications in nearly 29% of the cases.

In a significant portion of the cases, patients did not follow instructions, did not go to follow-up appointments, or did not comply with restrictions on activities.  In a slight majority of those cases, documentation by physicians precluded patients’ claims that surgeries were not performed correctly or that they received inadequate care.

Insufficient communication between physicians, patients, and patients’ families was also found to be a factor in patient non-compliance in 12% of claims.  Insufficient communication can include lack of a common language, a poor interpersonal connection between the physician and patient, issues concerning informed consent about the risks of surgical procedures or medications.

Even if adequate care is provided, healthcare professionals must understand that a medical malpractice claim can happen if inadequate communication affects a patient’s expectations, post-surgery actions, or understanding of risks.  Physicians must make effective communication a priority in their practice.



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