Physicians Practice - October 2008 - (Page 48)

MALPRACTICE Lastly, strive to project a consistent image. “You want to avoid a Dr. Jekyll and Mr. Hyde effect,” says Dodge. “When you are examined by your own attorney you will be speaking in a relaxed, credible tone. Don’t suddenly become defensive, argumentative, or hostile when you are cross examined by the opposing counsel.” Monahan agrees: “If it’s a case in front of a jury — (which, very often, involves someone who has suffered some sort of adverse event, so there’s some level of sympathy) — it’s important that physicians come across as having likeable qualities — compassion, integrity and honesty.” And whatever you do, he adds, don’t talk down to the jury. “Speak in a way that is both instructive and helpful, as if you’re teaching someone,” says Monahan. “Most often people know that doctors are wellcredentialed, smart people. But what they don’t know is the kind of person you are. Conduct in the courtroom and on the stand is your opportunity to convey that.” Also, take time to read your deposition multiple times before taking the stand. “Opposing counsel will usually ask you some of the same questions and if your answer is different to even the slightest degree, 70% 68.6% they’ll say, ‘Well, Dr. Jones, do you remember six months ago when I asked you this under oath and you gave me a different answer? We’re under oath now, too. Which time were you telling the truth?’ If you start squirming and looking like a deer in headlights, the jurors will get the message that you weren’t being forthright.” STAY INVOLVED Throughout the litigation process — which can take three to ﬁve years — Dodge stresses the importance of being proactive in your own defense. Fight the urge to push your lawsuit out of sight and out of mind. Instead, schedule regular meetings with your attorney to keep the issue both top of mind and moving forward. “Some doctors want to avoid their attorney because who wants to acknowledge they’re involved in a lawsuit? But meeting with them is critical,” she says. “They’re going to need access to your medical records. They may need you to provide them with the instruments that were used or demonstrate the techniques you used to help defend your case.” You can help your legal team by identifying expert witnesses in your specialty. Ideally, this is someone you studied under or a national authority on the topic in question. Remember, too, that your attorney’s ability to defend a physicianclient depends entirely on the doctor’s honest and candid communication — all of which is protected under attorney-client privilege. “Once they’ve entered into an attorney-client relationship it is absolutely important that physicians be totally frank and honest about the situation because one of the most damaging things that can occur is if that information came out as a surprise later from a different source,” says Monahan. Nobody would ever suggest that being sued for medical malpractice will be anywhere close to a pleasant experience. But it doesn’t have to break you. Improve your odds of winning a favorable judgment (and keeping your sanity) by educating yourself on what to expect. In this way, you’ll keep a sense of control during the lengthy proceedings — a critically necessary component both to deal with the situation and to ensure you can continue running a successful practice. • Shelly K. Schwartz, a freelance writer in Maplewood, N.J., has covered personal ﬁnance, technology, and healthcare for 12 years. Her work has appeared on CNNMoney.com, Bankrate.com, and Healthy Family magazine. She can be reached via editor@physicianspractice.com. 60% 50% 40% 30% 20% 19.7% 10% 6.4% 2.7% 1.2% .6% .3% .18% 8 .1% 9 .3% 10 WWW.PHYSICIANSPRACTICE.COM 0% 0 1 2 3 4 5 6 7 48 | PHYSICIANS PRACTICE | OCTOBER 2008 Source: National Practitioner Data Bank, US DHHS WHAT ARE THE ODDS YOU’LL BE SUED FOR MEDICAL MALPRACTICE MORE THAN ONCE? http://www.CNNMoney.com http://www.CNNMoney.com http://www.Bankrate.com http://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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