Physicians Practice - October 2008 - (Page 42)

MALPRACTICE Appreciating the value of undergoing pre-emptive lawsuit education can come hard for some physicians. “It makes sense to educate yourself about the process [before you get served],” says Michael Raskin, a neuroradiologist in Tamarac, Fla., an attorney, and president of the American College of Legal Medicine, “but physicians are very busy and generally don’t want to learn about something that they secretly fear and hope never happens.” But it’s time well spent, says JohnHenry Pﬁfferling, founder of the Center for Professional Well-Being and an anthropologist who has studied medical malpractice for decades. “The more time you spend with your legal team learning about your case and asking questions, the more you’ll be able to handle certain things that happen during the course of litigation, including gamesmanship,” he says. “There are many legal ploys during the interrogation and deposition, for example, where opposing counsel will ask questions in such a way that try to [make you appear incompetent.]” If you think there’s any chance you might have done something that could trigger a lawsuit — even if you’ve received no complaint — then immediately contact your insurance provider, says Berry. “They can be a very valuable resource for physicians since they deal with this every day.” Nothing, in fact, may come from your concerns. But it never hurts to protect yourself by gathering people in your corner, even if nothing comes of your fears. ROUND ONE But then again, something might. It might even be a total surprise to you. Often, physicians ﬁnd out they’re being sued through a letter of notice from the plaintiff’s attorney. This letter simply notiﬁes you of a patient’s intent to sue. Right after receiving a letter of notice, fax a copy to your insurance company. Many policies, in fact, require prompt notiﬁcation of pending legal action to preserve coverage for your defense. Raskin adds that physicians should not assume their case is being “handled” until they hear back from their carrier conﬁrming this. “If you call or send your insurance carrier a legal document and you don’t hear back in a few days, follow up with a registered letter,” he says. “You are under a time limit to answer that complaint and, depending on your state, they can move to a default judgment if you wait too long.” Some insurance companies will retain counsel for you as soon as the notice letter is received, although most wait until the lawsuit is actually ﬁled. Generally, you’ll be asked to pick from a preselected panel of attorneys that work with your insurance carrier, but you do have some say in the matter. “If you are part of a large group or have some bargaining power on the front end, when you purchase your insurance, you can have it written into the contract which lawyer you’d like to use during a malpractice proceeding,” says Berry. Rest assured that if you do pick from the pre-approved panel list, you’ll likely get that particular lawyer. “Nine times out of 10, if Smith is on the panel list and you request Smith, the adjuster will give you Smith,” says Berry. Hopefully, your insurance policy contains a consent clause. (Hint: Review your policy now to see if it does.) If so, the insurance company cannot settle out of court by paying indemnity without your approval. Therefore, the only three options for disposition of the suit under those circumstances are the plaintiff IN SUMMARY No physician welcomes a lawsuit, but you’ll likely be faced with one at some point in your career. Arm yourself with knowledge now, before it happens to you: MALPRACTICE PAYMENT AMOUNTS, BY REASON REASON Obstetrics Anesthesia Diagnosis Monitoring Diagnosis Surgery Diagnosis Medication IV or blood products Treatment Behavioral health Equipment/product Other ALL REASONS Source: National Practitioner Data Bank, HHS, 2006 NUMBER OF PAYMENTS 1,085 343 4,042 358 4,042 3,218 4,042 619 17 2,393 65 74 299 12,513 MEDIAN PAYMENT $333,334 $200,000 $200,000 $148,800 $200,000 $145,000 $200,000 $132,000 $130,000 $130,000 $125,000 $77,500 $100,000 $175,000 • Common mistakes include talking to the plaintiff’s attorney, changing the patient’s charts, and discussing the case with others. • Contact your insurance company immediately if you even think you might get sued. • Know the patient’s medical record inside and out. • While on the stand, project • Be completely honest with your attorney. 42 compassion, integrity, and honesty. | PHYSICIANS PRACTICE | OCTOBER 2008 WWW.PHYSICIANSPRACTICE.COM http://WWW.PHYSICIANSPRACTICE.COM

Table of Contents Feed for the Digital Edition of Physicians Practice - October 2008

Physicians Practice - October 2008 Contents Another Reason to Go Cash-Only? Letters How ’Bout Them Gas Prices? Second Opinion: Oh, Canada! Noteworthy Cover Story: Fixing the Leaks: How to Tighten Your Money Spigot Navigating a Lawsuit Ask the Experts The Administrators Desk: What’s Your Mission? EMR: Help or Hindrance? Dealing with Dr. Dangerous E-Mail Abuse Primer The Road to EMR Interoperability Don’t Let Staff Costs Stifle Profits Coding Classifieds Advertiser Index

Physicians Practice - October 2008

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