Dealing with Malpractice Lawsuits

Abstract

Medical malpractice has been shown to be a controversial topic throughout our careers as physicians. Due to the complexity of medical malpractice litigation, physicians generally do not gain a more thorough understating of litigation and proper risk mitigation until they are named in medical malpractice litigation. There has consistently been the avoidance and lack of education on medical malpractice in medical school and during residencies. It is imperative to implement risk management strategies of detailed documentation to minimize the plaintiffs’ chances of prevailing in medical malpractice claims. Based on analysis of claims paid out in litigation, some of the most cited reasons are: missed or delayed diagnosis. In emergency medicine, the medical diagnoses with the highest number of claims are chest pain, abdominal pain, critical neurological problems, psychiatric patients, bone fractures, hand injuries, and aortic aneurysms. Evidence-based medicine must be consistently practiced to implement a defensive strategy during a patient’s workup in order to maximize preventable errors. Furthermore, physician notes must be accurately detailed, and discharge instructions must be verbally reviewed with the patient on their level of comprehension with clear conformation that the patient fully understands the discharge instructions to avoid communication breakdown.