Legal Issues for the Gastroenterologist: Part II

September 1, 2017|GI and Hepatology News

Peter J. Hoffman, Esquire (Member, Chair Of The Professional Liability Group);Andrew J. Bond, Esquire (Associate);Andrew F. Albero;Alexandra Rogin;Brittany C. Wakim, Esquire (Associate);Eckert Seamans Cherin;Mellott, Llc, Philadelphia

Preparing for trial

A trial can last anywhere from 1 to 3 weeks. Your daily presence (including at the jury selection before the trial begins) is mandatory and in your own best interest. Your lawyer will have little control over the date on which the trial will occur. That date will be set by a judge, who will not be sympathetic to your scheduling problems. Be prepared to cancel patients’ appointments and any procedures already scheduled. The jury’s perception of you can be influenced by your presence and demonstrated dedication to your defense.

Conclusion

In summary, remember that there are things you can do both before and after you are sued to minimize litigation and its impact. As mentioned previously, before a lawsuit, and as a regular part of your practice, it is important that you stay current with medical advances, that you take the time to create a relationship with your patients involving quality communication, and that you thoroughly and legibly document all aspects of care provided. After a suit is filed against you, make sure you notify your insurer immediately, do not alter any records or discuss the case with anyone other than your lawyer or spouse, and do all you can to create a productive and honest relationship with your lawyer. This relationship will be invaluable as you do the difficult and time-consuming work of preparing for your deposition and trial, and it can help you endure and successfully navigate the litigation process.

The Importance of Follow-Up: Further Advice on How to Decrease the Risk of Being Sued

A common basis for establishing a malpractice liability claim against a physician is the failure to follow-up or track a patient’s test results. In today’s world, there is an increasing number of moving parts involved in any given patient’s care. A particular patient may treat with numerous physicians, all of whom use different record systems. Electronic medical record systems have made records more accessible and easier to track, but they also present a new set of challenges.

Every physician needs to determine how they plan to track test results. The ideal system would allow a physician to quickly get back any lab or diagnostic test that he or she orders. All staff members should know how the physician’s system works. Otherwise, test results might accidentally be filed before the physician reviews them or a miscommunication could prevent test results from being delivered. Whatever choice of system, it is key to follow and effectively use the program every time.

Additionally, it can be beneficial to let the patient know when he or she can expect to hear about their results, as failure to keep the patient reasonably informed can create a new set of patient concerns and anxiety. Ultimately, establishing a well-defined system for record-tracking can help physicians avoid malpractice liability claims because of a failure to follow-up.