Medical malpractice leads to 65,000 to 200,000 deaths per year. There are an estimated 85,000 medical malpractice claims filed per year. Some claims are minimal, while others can cost $500,000 or more.
Medical clinics of any size need to work on reducing the number of medical malpractice claims that they face.
Surgical errors lead to 22% of malpractice payouts, while misdiagnosis leads to 34% of malpractice payouts. Reducing claims is essential for any medical clinic, and even dentists can have claims filed against them.
Protecting against these claims can be done in a variety of ways:
1. Clinics Remain Vague, Avoiding Yes or No Questions
Yes or no questions are not good. The reason is that most patients tend to forget the questions that they ask. Rather than provide a yes or no question, you should be teaching patients using what’s called the “teach back” method.
What this means is that the staff explains instructions to a patient, and then the staff asks the patient to “replay” the instructions to the staffer.
The goal is for the patient to retain as much information as possible.
If you give yes or no answers, the patient may misinterpret or forget the answer, leading the patient to believe you were negligent.
2. Provide Written Instructions for At-home Care
Written instructions are an important part of reducing malpractice claims. If a surgical wound becomes infected because the patient failed to follow your instructions, it’s the fault of the patient.
Poor communication leads to a majority of malpractice suits, and this goes beyond the doctor-patient relationship. Nurses and caregivers must also have a line of communication open with the doctors and other caregivers to ensure no symptoms or signs of a condition go overlooked.
3. Follow Standard Diagnostic Practices
Diagnostic errors lead to one-in-three medical malpractice claims. It’s important to try and reduce these errors through following standard diagnostic practices. When standard diagnostic practices are followed, it’s possible to fight back against a malpractice claim.
The doctor must have been negligent for a claim to be valid.
If a doctor with similar skills and experience would have misdiagnosed a person’s condition, it won’t be possible to win a malpractice claim.
4. Document Everything
Documentation is the key to reducing malpractice claims. If you document everything, this is a clear trail of what led to a diagnosis or error. All patient care activities and communication should be documented from start to finish.
5. Carry Medical Malpractice Insurance
Nurses should also carry their own medical malpractice insurance. The reasoning is that an attorney who is dedicated to the policyholder will be brought into the case. Medical personnel may be covered under their clinic’s insurance, but the lawyer will be working in the best interest of the clinic and not their workers.
Carrying medical malpractice insurance will cover all of the lawyer costs and also allows the clinic to survive the impact of a malpractice case.
While it’s impossible to eliminate all of the risks of malpractice, it’s possible to limit risks drastically using the tips above.
