1. 10 Ways to Avoid Medical Malpractice
5/19/2018 8:05 AM
10 Ways to Avoid Medical Malpractice
Laurence C. Huttman
Attorney
© 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.
The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.

2. Disclosures - None

3. 10 Ways to Avoid Malpractice
5/19/2018 8:05 AM
10 Ways to Avoid Malpractice
Listen to Your Patients
Communicate, Communicate, Communicate
Proper Informed Consent
Better Recordkeeping (Accurate and Complete Documentation
Think Like a Patient
Stay Current
Inadequate Follow Up
Be Familiar with the Specialty Involved or Do Not Handle the Case
Variations in Policies and Procedures
Remember Your Hippocratic Oath
© 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.
The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.

4. LISTEN TO YOUR PATIENTS
5/19/2018 8:05 AM
LISTEN TO YOUR PATIENTS
Common courtesy and consideration go a long way.
Remind your staff to be courteous as Your patients expect to receive quality medical care from you—it’s what brought them through your doors. They also expect to be treated with true concern, kindness and respect.
As the caregiver, it’s your job to help your patients feel comfortable—something many of us aren’t when it comes to discussing our bodies and our health in general.
Respect and empathy go a long way in helping patients be forthcoming about their overall health, specific ailments and how they feel about treatments that may be necessary.
Open and honest communication, rooted in kindness and respect, is vital to fostering positive patient-caregiver relationships.
It all adds up to earning the trust of your patients. And when you have a patient’s trust, they are less likely to bring a lawsuit against you if something goes wrong…..It’s the overall experience at your office, not just your interaction, the patient will judge.
© 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.
The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.

5. COMMUNICATE, COMMUNICATE, COMMUNICATE
5/19/2018 8:05 AM
COMMUNICATE, COMMUNICATE, COMMUNICATE
Communicate Clearly and Effectively
In addition to being compassionate, it’s important to communicate clearly and on the patient’s level.
Most of your patients won’t understand the technical medical terminology you use when conversing with colleagues. They’ll more easily understand common terms explained in simple ways.
Illustrations can be useful tools to help a patient visualize their diagnosis or show how a medication or treatment will improve a condition.
Being consistent in your care is equally important. The same level of care and protocol should be administered to each patient you see.
Contact your specialists for explanations and communicate well with other physicians treating your patient at the same time to always be on the same page and better understand your colleague’s thought process before communicating your opinions to your patient.
© 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.
The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.

6. PROPER INFORMED CONSENT
5/19/2018 8:05 AM
PROPER INFORMED CONSENT
Before you engage in dialogue about a patient’s health and the care you’ll be giving, it’s crucial to get your patients’ informed consent.
Informed consent means you discussed the advantages and the risks of the care you will provide and gives the patient the opportunity to discuss alternatives.
Most health care facilities obtain the informed consent of their patients by way of a signed agreement that is completed with enrollment paperwork.
It’s a simple task, and an important one that can defend you in a malpractice case.
© 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.
The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.

7. PROPER INFORMED CONSENT
5/19/2018 8:05 AM
PROPER INFORMED CONSENT
© 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.
The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.

8. BETTER RECORDKEEPING (ACCURATE AND COMPLETE DOCUMENTATION)
5/19/2018 8:05 AM
BETTER RECORDKEEPING (ACCURATE AND COMPLETE DOCUMENTATION)
Making and keeping accurate records and documentation of patient visits is vital to a successful practice.
In fact, documentation can make or break a malpractice lawsuit.
In a case of negligence where no documentation is presented to back up the provider, a jury is very likely to side with a patient. Poorly-kept documentation fares no better.
While electronic health records (EHRs) are an important advancement, it is critical to remember these are just tools.
Remember that EHRs generally contain a time stamp showing when you reviewed it, and for how long. Take time to carefully review every test result. That review period becomes part of the medical record and if it shows a hurried review, it could be detrimental to a defense.
Good documentation—charts and records that are current, thorough and specific to the exact care given at every visit—can be very helpful in supporting a health care worker during a malpractice case.
© 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.
The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.

9. 5/19/2018 8:05 AM
THINK LIKE A PATIENT
A helpful technique to develop a better understanding of the situation from a different perspective is to take a step back and put yourself in your patient’s shoes.
Use your common sense here: anything that would irritate you will most likely irritate them.
Reply to calls and s in a timely fashion, don’t rush them, and make them feel that you are truly devoted to their health.
Obviously, your patients are going to be very concerned with their own health, but when they are meeting with you, they want to believe that you are sincerely committed to them as well.
Considering things from your patient’s point of view will make you a more empathetic doctor, and will go a long way towards establishing and maintaining a beneficial doctor-patient relationship.
© 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.
The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.

10. 5/19/2018 8:05 AM
STAY CURRENT
To stay “in business” you’re required to maintain your license through continued education, training and testing.
But there’s a whole world of medicine outside of your specialty, much of which is readily accessible to the public.
Make sure to stay informed about the health care industry as a whole.
You’ll be positioned to answer questions your patients may ask of you, building their confidence in you. Plus, you’ll be a well-versed representative in your medical community, something a jury will look upon with favor.
Often, medical liability issues focus on the question of whether the doctor followed current standards of practice or was he or she treating the patient based on an older standard that has been revised in recent years?
While this advice may sound obvious, practitioners may not feel they have the time to read up on everything that is current, or to participate in conferences and other continuing medical education opportunities.
The transition to electronic health records is among the most significant risk management concerns.
Clinicians should make sure they are current in training on their organization’s systems and familiar with the issues regarding use of templates and clinical support systems in computer-based pharmaceutical ordering and that they are aware of the need for retention of communications relevant to treatment.
© 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.
The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.

11. 5/19/2018 8:05 AM
INADEQUATE FOLLOW UP
Some of the most frequent problems resulting in litigation involve physician orders for tests and the corresponding lab or X-ray results
There are instances when test results aren’t received by the ordering physician. On other occasions, patients don’t follow through with tests as directed; or the results come in, are filed away before the physician reviews them, and the patient isn’t briefed about the findings.
If test results that indicate patients need further testing or treatments are lost or not addressed, patients may not receive necessary treatment.
It is essential that physicians and their staffs be able to track the status of these orders to make sure that none are overlooked or forgotten.
Another aspect of care needing better follow-up involves referrals to specialists. The referring physician’s office often makes appointments with specialists for patients and documents when a specialist’s report is anticipated.
The referring office should set a reminder as to when to expect the report.
If the report isn’t received within a specified time from the appointment date, the referring office should contact the consulting practice and note its follow-up efforts in the patient’s medical record.
Generally, the consultant will contact the referring physician if the patient is a “no-show.” The referring physician should then contact the patient.
© 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.
The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.

12. BE FAMILIAR WITH THE SPECIALTY INVOLVED OR DO NOT HANDLE THE CASE
As a doctor, you have spent thousands of hours honing your craft and expanding your educational horizons.
That having been said, expecting you to know how to treat every patient for every symptom by knowing every prescription is laughably unrealistic.
You aren’t going to have all the answers, and you cannot expect yourself to.
As a doctor, you owe it to your patients to leave your pride at home and not hesitate from seeking additional consultation for matters outside of your normal scope of practice.
If you don’t know something, ask for help.
There are plenty of specialists out there that can help, and under no circumstance should your stubbornness be placed before the health of a patient.
© 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.
The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.

13. VARIATIONS IN POLICIES AND PROCEDURES
5/19/2018 8:05 AM
VARIATIONS IN POLICIES AND PROCEDURES
We’ve mentioned how important it is to build positive patient-caregiver relationships.
As important as those relationships are, they alone don’t trump the importance of following proper procedure and practice in your care.
Policies are set for a reason, and they must be followed to ensure the best possible care is provided.
This must be the case each and every time you see each and every patient.
And again, consistency in your procedures is of utmost importance.
The smallest infraction against a set policy or procedure can cause devastating effects—in the treatment outcome for the patient, and possibly, a subsequent malpractice lawsuit.
It’s important that as policies and procedures or treatments are amended or added to your practice, the official documentation used within your facility is also updated.
© 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.
The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.

14. COMMON ALLEGATIONS OF MEDICAL MALPRACTICE
Surgical Treatment is the Most Common Allegation in Claims
Missed or Delayed Diagnosis is the Second Most Common Allegation

15. TOP FACTORS THAT ACTUALLY CONTRIBUTED TO PATIENT INJURY
Problems with Clinical Judgment (38%)
Technical Skills (23%)
Communication (22%)
Patient Behaviors (20%)
System Failures (14%)
Documentation (13%)

16. REMEMBER YOUR “HIPPOCRATIC OATH”
5/19/2018 8:05 AM
REMEMBER YOUR “HIPPOCRATIC OATH”
The Hippocratic Oath (ancient and modern versions) is one of the oldest binding documents in history. Written in antiquity, its principles are held sacred by doctors to this day: (treat the sick to the best of one’s ability, preserve patient privacy, teach the secrets of medicine to the next generation, and so on).
“The Oath of Hippocrates,” held by the American Medical Associate’s Code of Medical Ethics (1996), “has remained in Western Civilization as an expression of ideal conduct for the physician.”
© 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.
The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.