Three Steps To Protect Yourself From Malpractice Liability

The threat of malpractice is an unfortunate part of any medical operation

. Even physicians who have done nothing wrong may find themselves the target of patients with unrealistic expectations or who simply want to play the lawsuit lottery. While there is no way to avoid these situations entirely, good medical practice management will give you a strong defense.

Keep Accurate Records

The basic rule of legal defense is if it isn't written down, it never happened. In today's digital world, documentation doesn't always have to be on paper. Recordings of telephone conversations or entries into EMR systems are essential parts of your office's medical practice management techniques.

Documentation is not necessarily proof, but it puts the practice in a stronger position should conflict arise. Something as seemingly simple as a note that a doctor unsuccessfully tried to return a patient's call can be a valuable detail in a malpractice case. The advantage of EMR software over paper documentation is all the information is kept in a central location and is easily backed up in case of disaster. Document everything that happens since you can never have too much information at your fingertips.

Get The Staff Involved

A physician can be held responsible for actions of the staff -- something called vicarious liability. This is why it is essential that the documentation message be part of the office's total medical practice management system. If any one person does or doesn't do something, it's the doctor's reputation and career that could suffer.

This requires making sure the staff is aware of the office's documentation policy, is trained on how to enter information into the EMR system, and receives regular reinforcement of the policies. Doctors must be vigilant about their own record keeping, leading the staff by example if they want this system to work. Implement an audit system to ensure records are being kept properly and completely.

Be Involved In Malpractice Defense

Being named in a malpractice suit is a traumatic moment in a doctor's career. It is a stressful time. It is easy to hand the situation off to an attorney or the liability insurance then just walk away from it rather than facing the problem head on. However the best malpractice defenses come from doctors who are thoroughly involved in the process, even if that means temporarily reducing their patient load.

Your attorney won't know your medical practice management process and having the help of someone familiar with the system will make it easier to prepare a strong defense. With access to all the information, the patient may be convinced to drop the complaint. In some cases, the doctor may even realize mistakes were made and be able to settle fairly rather than facing a difficult court battle.

The time to prepare your malpractice defense is now, not once you face legal action. Make full use of your EMR system to minimize your liability and protect your business.

by: Christine Harrell

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