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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