Many good intentioned physicians practice defensive medicine. While it looks to protect a doctor from malpractice it can also lead to hindrances, annoyances and extra cost. Extra tests and scans which are unneeded can be an end result. Like everything there needs to be a balance in any practice and defensive medicine is not necessarily the answer to mistakes. Instead good diagnosis and trust in oneself is key
The article, “Can defensive medicine lead to medical malpractice?” from the Augusta Free Press looks at what defensive medicine is and how it can possibly lead to bigger issues. The article reads,
“Defensive medicine has been around since the mid-20th century. However, there has been a resurgence in recent years, and it is triggering a concurrent wave of medical malpractice lawsuits. When defensive medicine causes more harm to patients than good, it defeats its purpose. Injured victims may file a medical malpractice lawsuit for compensation.”
Please also review AIHCP’s Legal Nurse Consulting Program and see if it matches your academic and professional goals. The program is online and independent study and open to qualified professionals looking to earn a four year certification as a Legal Nurse Consultant.
No matter how well a healthcare professional trains, studies and prepares, there is always a chance for a malpractice suite against them. Some may be well deserving, but many others may be victims of vindictive or confused individuals. So despite, the years of study, the high student loans incurred and hard work building a practice, one must always be prepared for the inevitable malpractice. This is why healthcare professionals have such high malpractice insurance rates and why costs are so high everywhere. A healthcare professional must always be ready. Any patient could be the next case against oneself.
The reality is throughout a 40 year career, most physicians spend 11 percent or 50.7 months of their time resolving malpractice cases. In fact, by age 65, low risk practices have a 75 percent chance of litigation against them, while high risk practices have a 99 percent chance. With these numbers, it is imperative to be prepared and to have an understanding how the malpractice process works.
If served the dreaded letter of suite against one’s practice, it may seem unnerving. One may question what one did or did not do, or wonder how this could ever happen. Good physicians may feel hurt or betrayed or misunderstood. While these feelings are natural, it is important to follow the process of defense. One’s reputation and practice is on the line and one needs to protect this at all costs.
The first step is to contact one’s medical malpractice carrier. This should be done immediately. Within this structure, is yourself, the claim professional and your defense attorney.
The second step is to build a defense. Building the defense is key and one might be surprised to discover that a malpractice attorney already has some insight into what is occurring. It is important to supply the defense attorney with all the necessary information on the case, the patient and notes regarding the case.
Third, realize that the case will take time. Usually cases can last anywhere from 2 to 5 years. Furthermore, the case probably is originating from a patient or service rendered a few years prior. There will be periods of activity but also periods of inactivity, so remain calm and continue to supply excellent care to your patients. Rest assured, your malpractice attorney is on top of things. If need be, contact him or her if questions or worries arise.
Fourth, it is important to understand the strategy of the plaintiff. You will not be able to explain to them what occurred and those explanations are best left for trial. It is important to not only know one’s own strategies but also the other side’s strategies. Be well versed on their own experts and opinions on procedure. This will heighten your own defense.
Fifth, become fully engaged in your own defense. It is critical to study your own dispositions, possible questions and expertise on procedure. Coaching may be needed. Coaches can help one better at trial during disposition. Stress Management may also be necessary. It is a very stressful period and it is important to remain calm prior and during trial.
Ultimately, malpractice cases eventually occur and one needs to be prepared when they do. By being calm, knowledgeable, and professional throughout the process, one can overcome most cases that have no basis or legal ground. One can protect oneself by keeping good records, following good standards and by giving the best care one can possibly provide. Communication and good social interaction with patients is key in forming good bonds with patient and caregiver and this can go a long way in preventing foolish and unnecessary claims from occurring. Bedside manner does go a long way, especially for a good physician with good skills. Individuals are more receptive to physicians who take time to talk and build a friendship. Good doctors who explain and care can limit unnecessary confusion and bitterness for something that is not their fault.
If you would like to learn more, please review our blog.
If you would like to learn more about Legal Nurse Consulting, then please review the program and see if it meets your academic and professional goals. The program is online and independent study and open to qualified professionals seeking a four year certification as a Legal Nurse Consultant.
By completing the four core courses, one can proceed to a four year certification.
The Doctor’s Company, “You’ve Been Served: Lawsuit Survival Tips for Physicians”. Please click here
Healthcare professionals always deal with the chance of malpractice. Mistakes can occur but they can be limited though with good practices and values. Healthcare professionals can protect themselves by following certain procedures and habits which can make it far less likely to occur.
The article, “Avoiding medical malpractice suits” by Keith Reynolds looks closer how healthcare providers can reduce the chance of malpractice. He states,
“To err is human. So the question is not whether a medical malpractice lawsuit will be filed against a physician, but when. As physicians pick their way through this minefield, if they’re not careful, one lawsuit from one patient could define their entire career, and lead to a loss of revenue, increased insurance costs and a massive hit to a physician’s professional reputation. Bob White, chief operating officer of malpractice insurer TDC Group, says that some specialists such as neurosurgeons or obstetricians can spend as much as 25% of their career with an open malpractice suit against them.”
Physicians, nurses or any healthcare provider can provide excellent service and protect themselves. Legal Nurse Consultants also play a key role in analyzing if standards of care were met or not met.
Please also review The American College of Legal Nurse Consulting’s Legal Nurse Consulting Certification. The program is online and independent study and open to qualified professionals seeking a four year certification as a Legal Nurse. Please review the program and see if it meets your academic and professional goals.
Malpractice has key standards and a certain process. Understanding these standards and processes are key in discovering if there is a case or not against a healthcare provider. Legal Nurse Consultants are key individuals in helping firms defend or litigate against healthcare providers. They provide expert testimony and also knowledge on standards of care.
The article, “The Anatomy of a Medical Malpractice Case” by Wagner Law Firm from Law.com looks closer at the anatomy of a malpractice case. The article states,
“At the most basic level, a medical malpractice claim begins when someone is harmed in the course of receiving treatment from a healthcare professional and seeks compensation through the legal system. While it is easy to understand that medical negligence happens – and that its consequences can be extremely serious – the process of pursuing a claim in this area of law is far more complex. Medical malpractice cases have a unique anatomy made up of many interlocking parts. A successful plaintiff must know how each part relates to their situation and must be constantly mindful of the difficulties surrounding evidence and proof.”
Please also review The American College of Legal Nurse Consulting and its Legal Nurse Consulting Certification and see if it meets your academic and professional goals. The Legal Nurse Consulting Program is online and independent study and open to nurses seeking a four year Legal Nurse Consulting Certification
Legal Nurse Consulting is an exciting field for nurses who wish to take their knowledge and talents from the hospital floor also to the court room floor. Legal Nursing deals with a multitude of legal cases regarding malpractice. The legal nurse serves as an expert witness or investigator for firms in determining proper practice and procedure by medical professionals.
AIHCP and the College of Legal Nurse Consultants offers a four year certification for nurses in Legal Nursing. The Legal Nursing Certification has a duration of four year periods with renewal and is open to qualified professionals. The program is also online and independent study.
Please also review the video below which gives more insight into AIHCP’s Legal Nurse Consulting Program
Malpractices are difficult cases but they do have clear cut definitions.
The article, “WHAT ARE THE FOUR D’S OF MEDICAL NEGLIGENCE?” from the Germany Law Firm look closer at the obligations a healthcare provider owes to his or her patient. The article states,
“The four D’s of medical negligence are essential to know when you want to file a medical malpractice claim in Mississippi, or anywhere else in the country. These are the parts of your malpractice lawsuit you will need to prove in your claim in court if your case goes to trial. They range from the damages and harm you suffered to the acts committed by your doctor that caused those damages. Ask a Jackson medical malpractice attorney for help if you have any questions about this.”
Physicians and caregivers when they deviate from certain standards of care and when damage hence results, it is important to understand the law. Legal Nurse Consultants help various firms in these cases.
Please also review AIHCP’s Legal Nurse Consulting Certification and see if it matches your academic and professional goals. The program is online and independent study and open to nurses looking to become certified Legal Nurse Consultants. Legal Nurse Consultants play a key role in this litigation process
Medical malpractice is everyone’s nightmare but the law gives every patient the right to recover damages if a health care professional fails to supply the proper care. However, states differ in a variety of ways from statutes of limitations to what can be legally won back.
The article, “Do Medical Malpractice Laws Differ from State to State?” by Vivian Evans looks at a few differences and the definition of standard of care. She states,
“In the United States, medical malpractice law has traditionally been under the authority of individual states and not the federal government (in contrast to many other countries). State laws dictate how courts determine whether a physician failed to exercise the degree of care, skill, and learning expected of a professional doctor.”
Please also review AIHCP’s Legal Nurse Consulting Program and see if it matches your academic and professional goals. The program is online and independent study and open to qualified professionals and nurses looking to earn a four year certification as a Legal Nurse Consultant.
Unfortunately medical malpractice and legal lawsuits are part of life. Sometimes it is the doctor’s fault, other times the patient is pushing a case that is not deserving. Lawyers, juries, judges and legal nurse consultants can all play roles in sorting it out. While doing that, the patient can help his or her case by doing some important things to help win the case.
The article, “Useful Tips On How To Win Your Medical Malpractice Lawsuit” from Harlem World Magazine looks at a few things one can do to increase the odds of a successful legal outcome. The article states,
“It absolutely makes sense to put your trust in a doctor when it comes to your health, as they are healthcare professionals. You can trust them with some minor health problem, but sometimes, you are literally putting your life in their hands. Most of the time, they do their job well and you leave their office as a happy patient. But, unfortunately, sometimes it can happen that your doctor, or another medical professional, endangers your health and your well-being. In cases like this, they can be held accountable in a court of law.”
Please also review AIHCP’s Legal Nurse Consulting Program and see if it matches your academic and professional goals. The program is online and independent study and open to qualified professionals seeking a four year certification
Malpractice suites happen all the time. Sometimes they are justified, other times they are not. Regardless, there are ways to avoid malpractices beyond doing a good job. While it is impossible to filter out all chances, by following certain standards and steps, to reduce the chance.
The article, “7 tips to avoid a malpractice suit, according to experts” by Naveed Saleh, MD, MS looks at how healthcare providers can protect themselves. The article states,
“But, according to malpractice experts, many lawsuits are rooted in failures that largely relate to physician communication and trust. It may seem strange, but malpractice litigation has evolved to include patient perceptions and sentiments about failure to communicate and mistreatment, rather than medical errors. The upside is that such issues are preventable. It’s possible to avoid a malpractice suit by making the patient the center of your practice”
Healthcare providers need to protect themselves. The steps can help.
Please also review the AIHCP’s Legal Nurse Consulting Program and see if it meets your academic and professional goals. The program is online and independent study and open to qualified nurses seeking a four year certification program.
Legal Nursing is an interesting career for nurses because it takes many of them away from the hospital bedside to the courtroom. Many nurses have in-depth knowledge of medical procedures and the quality of care and hence can serve as expert witnesses in many cases regarding patient injury or lack of care via a malpractice. Those trained within the legal ramifications of Legal Nursing are able to supply an important service for malpractice cases as well as supply information to the working attorneys.
Legal Nurses are just not just nurses who know procedure of practice but are also well educated in legal ramifications and procedures as well. Through education and training, nurses can combine their knowledge of medical procedure with healthcare law procedure. Nurses with this type of education can testify as well as investigate legal malpractices cases for the plaintiff or defendant
There are a variety of certification programs available to train nurses to become sufficient within the legal procedures of healthcare. Some programs are on site while others are online. Many turn to the College of Legal Nurse Consulting to receive online training. The online courses guide the student through the necessary knowledge to be a successful Legal Nurse Consultant.
LN 400, LN420, LN430 and LN450 provide the necessary information on procedure and how to help on cases. From working on arbitration to expert witness, the courses help prepare the nurse for the next step in Legal Nursing.
If you are interested in learning more about AIHCP’s Legal Nurse Consulting Certification then please review the program and see if it matches your academic and professional background. The program is online and independent study and open to qualified nurses seeking a four year certification in Legal Nurse Consulting. The American College of Legal Nurse Consulting has been supplying nurses with the opportunity to earn a four year certification online for the last 20 years and has certified many throughout the United States.
This is a growing field and nurses are looking to take advantage of this extra niche that they can be part of. If you have legal interests and are a nurse, then this may be an excellent certification to earn to diversify your nursing career.