Blog|Videos|August 26, 2026

If it isn't documented, it wasn't done: Lowering your malpractice risk

Author(s)Neil Baum, MD
Fact checked by: Keith A. Reynolds

Nearly one-third of physicians get sued. Neil Baum, MD, on the two failures behind many claims and why undocumented consent is no consent.

Nearly one-third of physicians have been sued for malpractice, and over a 30 or 40 year career most will face at least one claim. Most get dismissed. The ones that stick often trace back to something ordinary: a consent conversation nobody wrote down, or a referral that came too late.

On this week’s Five Minute Practice Fix, Neil Baum, MD, walks through the two failures that put physicians in front of a jury, inadequate informed consent and waiting for the patient to ask for a second opinion, drawing on six lawsuits over 44 years of practice. His take-home: consent that was not documented was not obtained.

Welcome to Five Minute Practice Fix, featuring instructional videos by physician and business of medicine expert Neil Baum, M.D. These videos are 5 to 10 minutes long and will provide practical ideas and suggestions that have been tested in his practice or used by other physicians, significantly improving the efficiency and productivity of their medical practices.

About Neil Baum, M.D.

Baum is a professor of clinical urology at Tulane Medical School in New Orleans, Louisiana. He is the author of Marketing Your Clinical Practice: Ethically, Effectively, Economically, which is in its fourth edition, has sold over 175,000 copies and has been translated into Spanish. He has also written The Complete Business Guide to a Successful Medical Practice, which was published in 2015. He also authored What’s Going on Down There?, which has served as a guide for women’s health. He has written 10 books on practice management and the business of medicine.

Baum was the columnist for American Medical News for more than 25 years. He wrote the popular column “The Bottom Line” for Urology Times for more than 20 years. He has authored or coauthored over 250 articles in peer-reviewed medical publications on various urologic topics, as well as articles on practice management.

He has also authored The Business Basics of Building and Managing a Healthcare Practice (Springer 2019), which emphasizes the importance of being involved in the business of a medical practice.