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Reducing Medical Malpractice: What the research
suggests
Problem: What
causes a patient to file a malpractice claim?
Surprisingly, a number of studies indicate that
quality of care, medical negligence, and poor
chart documentation are often not the motivating
factors in patient lawsuits. What seems to be a
more likely occurrence is that patients who
experience unexpected outcomes are more likely
to sue if they also perceive the physician “was
not caring and compassionate.”
Research: In the last few years, a number
of innovative research studies have analyzed the
transcripts of patient depositions and
physician-patient communications. These studies
have found that from a patient’s perspective, a
breakdown in communication between the
patient/family and physician is a major risk
factor contributing to malpractice claims. A
surefire recipe for litigation seems to be an
unexpected outcome combined with what the
patient perceives as poor communications with
the physician.
In one study, 71% of the patients cited “a
perceived lack of caring” by their physicians as
primary motivating factor in initiating a law
suit. Almost a third of these patients who
brought suits perceived that they had been
“deserted” by their physicians.
Specialty Groups: The research on
patient-physician communications has evolved to
suggest that there may be differences among
specialty group’s communication patterns that
prompt law suits. In one study, surgeons who
used a “dominating” voice tone were more likely
to be sued than those surgeons who used a “less
dominating tone.” Research with obstetricians
indicates that practitioners who are perceived
as “unavailable, rushed, unconcerned, and poor
communicators” are more at risk for lawsuits. In
contrast, another study indicates, primary care
physicians who educated their patients about
what to expect, asked questions about the
patient’s problems, and shared some humor were
less likely to be sued
Proposed Solutions: The Fortisan Group
provides focused and brief training seminars
and/or individualized coaching sessions in order
to alert physicians to what patients perceive as
“high risk” interactions and/or “poor
communications” that trigger lawsuits. These
group seminars and individualized coaching
sessions are designed to address problematic
communication patterns unique to specialty
groups and offer very specific recommendations
to providers. Physicians attuned to these “high
risk” interactions may not only be enhancing
patient communication and satisfaction rates but
significantly reducing their liability risk.
Seminars & Coaching sessions: An
experienced team of a physician and psychologist
is available to present the training seminars
and individualized coaching sessions. |
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