November 23, 2021 Last updated November 23rd, 2021 761 Reads share

Don’t Get Sued for Medical Negligence: How to Protect Your Business

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Doctors run businesses, although they’re not entrepreneurs. Medical schools are full of classes such as molecular biology, organic chemistry, or anatomy, all aimed at training people to become health professionals. Unfortunately, medical school doesn’t teach physicians everything they need to know. More exactly, it doesn’t teach students about business, management or leadership. The outcome is that medical practitioners are caught off guard when patients sue. Medical negligence is a constant risk for health professionals. The decision to file a medical negligence lawsuit isn’t taken lightly. After much consideration, people decide that this is the best course of action.

Negligence in healthcare is unacceptable. Professional negligence in a medical setting can lead t serious injuries and even death. In their service to the public, doctors owe patients a duty of care, which is created when they agree to treat someone who has demanded their services. Therefore, they need to exercise caution and care in their profession to ensure the best possible outcome. Medical negligence is, unfortunately, a common occurrence, as reported by Medical Negligence Assist. In most cases, medical errors, maybe in diagnosis, medication dosage, or health treatment are to blame. It’s in your best interest to avoid the mistakes that make patients sue. It’s impossible to control every eventuality, but you can take action today to avoid being sued for medical negligence tomorrow.

Don’t Practice Without Medical Negligence Coverage

Medical accidents are inevitable and can occur due to poor communication, fatigue, not to mention a culture in healthcare that refuses to accept accountability for mistakes. At any rate, it would be a mistake to practice medicine without insurance coverage. The insurance policy covers the cost of the lawsuit and potential claim compensation. If the plaintiff’s lawyer finds out you have insurance, they’ll immediately drop the case for the winnable assets. As a rule, insurance is offered on a claims-made basis, meaning that, when an incident takes place, the insurance company must be notified. Even highly educated and skilled medical practitioners can make mistakes, so having insurance coverage in place can offer much-needed protection.

All health professionals who wish to practice must carry appropriate medical negligence cover. Not only can patients get appropriate compensation, but also the physician isn’t personally liable for the costs of the claim. Depending on the level of negligence and the type of damage, the insurer might pay for subsequent damages. Attention needs to be paid to the fact that negligence is a case-by-case assessment, so it’s essential to take reasonable actions to protect yourself. You’re responsible for monitoring, supervising, and controlling care wherever necessary to protect the patient. Do everything within your means to protect your business against the threat of a lawsuit.

Give Room for Patients to Communicate Their Concerns

As a doctor, you should help patients communicate their problems better and feel understood. Listen and, most importantly, acknowledge their fears, anxiety, concerns, hesitations, and so on. Because of everything you might have on your mind, you might not pay close attention to what’s going on in the exam room. Practice mindful attention and make conscious decisions. Don’t be afraid to ask questions and dig deeper into the problem. You might be surprised by what you find. Make people feel that you genuinely care. Don’t use medical jargon that the patient might not understand. Stick to using familiar words.

Miscommunication between medical staff and patients is the most common cause of litigation. Communication failures result in injuries and even death. As it has been observed, people are less likely to sue physicians with whom they’ve developed a trusting and mutually respectful relationship. These days, technology simplifies communication with patients. However, it’s important not to overdo it. To be more precise, don’t send endless messages and limit yourself to one communication channel. Yet again, communicating via technology is no excuse for using vague language. Using emoticons isn’t any better. While they’re deemed to be honest means of expression, they can be misinterpreted.

Double Check Your Documentation on Electronic Health Records

Needless to say, documentation is everything when you’re doing medical work. You ought to check documentation before administering treatments or prescribing medication. Make sure your files are up-to-date and, if necessary, seek legal advice. If a virus or any other type of malware were to bring your computer down, you would lose your life’s work. This is precisely why you should back up your files in the cloud. If the worst happens, at least your documents are safe.  Don’t think necessarily of a cyber-attack. You could deal with a hurricane or a fire.

Medical records serve important purposes for both healthcare and future needs. It’s your responsibility to safeguard the confidentiality of patients’ personal data and manage the files appropriately. Keep in mind that your documents can be used in legal proceedings. Once they’re obtained, they’re used to build the plaintiff’s case. Depending on the situation, you may be able to deny the request. For instance, lack of patient consent is a good reason for not releasing medical records. If you have employees working from home, make it easier for people to carry out their duties. One of the simplest ways to prevent negligence is to thoroughly train your employees.

Be Realistic That a Lawsuit May Occur

In recent times, there’s been an increase in medical negligence lawsuits. It’s like an eruption of cases. To prove negligence and establish liability, the patient must show that a duty existed and the breach of that duty led to harm. It would be a grave mistake to think that you’re untouchable. There’s always the risk of being sued, whether or not you’re guilty. Understand that a lawsuit is highly likely to happen. In case you didn’t know, it’s an emotional ordeal. You might end up in tears, hard as it may be to believe. The plaintiff’s lawyer will be merciless in court, so be mentally prepared for an attack.  If you happen to get sued, don’t discuss the details of the case with anyone. Rely exclusively on the support of your family and friends.

Bogdan Butoi

Bogdan Butoi

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