PhysiciansPractice Members: Login | Register

  • Home
  • About Us
  • Physicians Practice LIVE
  • CME
  • Podcasts
  • Tools
  • Topics
  • Physician Writer Search
  • Achieving Success and Balance
  • MGMA 2011
  • HIMSS 2012
  • Blog
  • Career
  • Coding
  • EHR
  • Finance
  • Malpractice
  • Patient Relations
  • Staff
  • Technology
  • Buyers Guide
  • Publication

Home » Topics

Physicians Practice. Vol. 18 No. 15
Pages: 1  2  3  
Previous
 

Malpractice: Navigating a Lawsuit

Roughly two-thirds of U.S. physicians will be sued at least once during their careers. How can you prepare yourself?

By Shelly K. Schwartz | October 1, 2008


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 physician-client 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.

Managing Medical Malpractice Stress Syndrome

You interview patients to identify the source of their complaints. You carefully review their medical charts. And you guide them toward remedies to restore their health.

In short, you’ve dedicated your professional life to helping others get or stay well. But if you’re sued during the course of such care, who helps you?

“Just as physicians are terrible with diagnosing physical illness in ourselves, we are terrible at diagnosing stress effects in our lives,” says Louise B. Andrew, an emergency medicine physician, attorney, and litigation counselor who founded litigation stress management firm MDMentor.com in Pt. Angeles, Wash. “We can’t look at ourselves objectively. We come out of medical school feeling somehow invincible, like we’re not allowed to experience the same stress as our patients so we deny it, even if it is staring us in the face.”

Andrew educates physicians throughout the country about Medical Malpractice Stress Syndrome (MMSS), sometimes called malpractice litigation stress. The term describes a set of physical and emotional symptoms many physicians experience after being served, including gastrointestinal disorders, anxiety, insomnia, chest pain, or even heart attacks. “Malpractice suits are really a blow to the heart for most doctors,” she says.

Emotionally, the most common symptoms reported include feelings of shame, bitterness, sleeplessness, negative self-image, loss of appetite, and depression. Some physicians even self-prescribe medication to help them cope — a dicey decision.

“Doctors often feel very isolated, like nobody cares about them or no one wants to help them or vindicate them,” explains John-Henry Pfifferling, a physician-anthropologist and founder of the Center for Professional Well-Being in Durham, N.C.

All in the family

MMSS symptoms wax and wane throughout the litigation process, depending on the physician’s self-esteem, his anxiety about the process, and his impression of his attorney abilities. Both predictable and unpredictable anger outbursts can occur if the doctor feels no sense of control,” says Pfifferling. “It may be directed at yourself, at your attorney, the plaintiff’s attorney, your colleagues and staff, or even your family.”

What’s more, the stress of being served doesn’t just affect you. “In small towns in particular, if a news reporter gets a hold of what he or she thinks is a juicy case of malpractice and plasters your face all over the front page of the newspaper, that can result in your children being shunned by other kids in school or your spouse being shunned by others in their social groups,” says Andrew.

But don’t take your frustrations out on your family, says Pfifferling. “Be open and transparent and let them know that you’re not sure how to deal with all this. Ask for their support.”

What you can do

Your first step, says Andrew, is to acknowledge your symptoms. The next is to give yourself permission to seek help. “This is one of the times where it’s most normal to need extra care,” she says.

Allow yourself to have what you need — better nutrition, more counseling, maybe some time off. “[Do] whatever produces more ease and better balance,” says Pfifferling. Share your angst with a spouse, psychologist, attorney, or religious leader. “One of the first things your lawyer tells you is don’t talk to anyone,” says Andrew. “That’s a very destructive message.” They’re right, of course, that you can’t divulge case details to anyone who might later be called upon to recount the discussion under oath, but you can share your feelings with an appropriate person.

Lastly, avoid self-medicating. If you think you need some medicinal shoring up while you go through this difficult time, consult a personal physician.

Remember, emphasizes Pfifferling, this too shall pass. “Nothing can undo all of the good that you have done in your chosen profession,” he says. “This is a glitch, an intrusion, an assault. Don’t give your power away.”

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.

This article originally appeared in the October 2008 issue of Physicians Practice.

Pages: 1  2  3  
Previous
 

Join the Conversation

Want to join the conversation? Just sign in or register today to become part of our growing, online community.

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:

  • 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 compassion, integrity, and honesty.

  • Be completely honest with your attorney.







  • Topic Index

    Best States to Practice
    Career
    Coding
    EHR
    Finance
    Jobs
    Law & Malpractice
    Mobile Health
      Meaningful Use
    Patient Relations
    Patient Dismissal
    RVU/Relative Value Units
    Staff Management
    Staff Salaries
    Technology
    All Topics

    Sponsored Resources

    Nuesoft
    Benchmarking: How to Make the Best Decisions for Your Practice
     
    Meditech
    Program Management Office
     
    gloStream
    How to Evaluate An Electronic Medical Record Solution: A Guide for Physician Practices
     
    Pillsbury & Levinson LLP
    Will Your Disability Insurance Be There When You Need It? Not Necessarily.
     
    ZirMed
    Maximizing Medicare Reimbursements with ZirMed’s PQRS Solutions
     
    Physicians Financial Partners
    Not All Retirement Plans Are Created Equal:
    12 Steps to a “Best-in-Class” Program
     
    The Doctors Company
    Buying Medical Malpractice Insurance:
    A Physician's Guide to Selecting a Policy and Evaluating a Carrier
     
    NaviNet
    Best Practices in EHR Implementations
     
    CareCloud
    The End of EMR
     
    ADP AdvancedMD
    Improved practice efficiency leads to better patient care
     
    Physicians Briefing Center
    Driving efficiency through EHRs
     
    Crossroads Hospice
    End-of-Life: The Most Difficult of Conversations
     
    Emdeon
    Patient Billing & Payment: Efficient Technology for Reducing Costs and Accelerating Patient Payments

    View All


     

    FixIt

    Decisions, Decisions: Your IT
    Shopping Checklist

    Medical Practice Management
    Technology Resources

    Lab Tracking Tool
    Calculate EMR ROI


    • On This Site
    • Most Emailed
    • On This Topic

    MostPopular

    • 2012 Staff Salary Survey

      APR 30 2012 READ >>

    • Secrets of Success

      NOV 15 2002 PHYSICIANS PRACTICE READ >>

    • The Best States to Practice: America’s Physician-Friendliest States

      FEB 1 2007 PHYSICIANS PRACTICE READ >>

    • The Future of Healthcare

      APR 1 2010 PHYSICIANS PRACTICE READ >>

    • Medicare's New Annual Wellness Visit

      JAN 12 2011 PHYSICIANS PRACTICE READ >>

    MostPopular

    • Managing Patient Flow: Keep the Lines of Communication Open

      APR 25 2012PHYSICIANS PRACTICE READ >>

    • Six Steps to Boost Productivity by 30 Percent at Your Medical Practice

      APR 29 2012 READ >>

    • 2012 Staff Salary Survey

      APR 30 2012 READ >>

    • Medicare's New Annual Wellness Visit

      JAN 12 2011PHYSICIANS PRACTICE READ >>

    • Recognizing Medical Practice Staff

      APR 25 2012PHYSICIANS PRACTICE READ >>

    MostPopular

    • 2012 Staff Salary Survey

      APR 30 2012 READ >>

    • Secrets of Success

      NOV 15 2002 PHYSICIANS PRACTICE READ >>

    • The Best States to Practice: America’s Physician-Friendliest States

      FEB 1 2007 PHYSICIANS PRACTICE READ >>

    • The Future of Healthcare

      APR 1 2010 PHYSICIANS PRACTICE READ >>

    • Strategy: Could You Use a Scribe?

      APR 1 2007 PHYSICIANS PRACTICE READ >>

    • Popular
    • Recent

    Comments

    • Does Failing To Promote Your Practice Harm Patients?

      APR 20 2012 READ >>

    • The Best States to Practice: America’s Physician-Friendliest States

      FEB 1 2007 PHYSICIANS PRACTICE READ >>

    • Meaningful Statistics — Can Your EHR Produce Them?

      APR 30 2012 READ >>

    • Even Physicians Have a Hard Time Finding a Good Physician

      MAY 5 2012 READ >>

    • A Lesson in Compassion for a Young Physician

      MAY 4 2012 READ >>

    Comments

    • When Doctor's Get Sick, Patients Should Understand

      MAY 21 2012 READ >>

    • Improving Business Processes at Your Medical Practice

      APR 24 2012 READ >>

    • Medical Practice Staffing: It's Quality Not Quantity That Pays Off

      MAY 17 2012 READ >>

    • Voice Recognition: An Increasingly Useful EHR Accessory

      MAY 15 2012 READ >>

    • A Lesson in Compassion for a Young Physician

      MAY 4 2012 READ >>

    JobListings

    Post a job

    Powered by SearchMedica Jobs

    -- Advertisement--


    CancerNetwork | ConsultantLive | Diagnostic Imaging | Musculoskeletal Network | OBGYN.net | PediatricsConsultantLive |
    Physicians Practice | Psychiatric Times | SearchMedica | Medical Resources

    © 1996 - 2012 UBM Medica LLC, a UBM company
    Privacy Statement - Terms of Service - Advertising Information - Editorial Policy Statement - UBM Medica Network Privacy Policy