In the realm of healthcare, where every decision carries significant weight, the spectre of medical malpractice looms large. Physicians and healthcare providers, despite their dedication and expertise, are not immune to the risks of potential malpractice claims.
Medical malpractice claims can be financially devastating and emotionally draining for both healthcare providers and their patients. In an era where medical lawsuits are all too common, safeguarding your practice and reputation is paramount. By following the strategies in this article, you can reduce the likelihood of facing a medical malpractice claim, ensuring peace of mind for you and the well-being of your patients.
While it’s important to note how few malpractice lawsuits go to trial, even a settlement can be expensive and hurt your reputation if you don’t have medical malpractice insurance. In this article, we’ll discuss the ways you can prevent medical malpractice claims and how healthcare insurance can protect your business.
What Is Medical Malpractice?
A medical malpractice claim is that of professional negligence.
When someone levels one of these claims, they are alleging to have not received the level of care that was reasonable and necessary. People typically file these claims in situations in which their condition worsens under care professionals.
The reasons for this are plentiful, from genuine negligence to a doctor prescribing an ineffective medication they thought would work. It can also apply when a healthcare professional shares poor advice when managing their patient’s health.
However, patients being dissatisfied with the results of treatment is not grounds for a successful medical malpractice claim. True malpractice in the eye of the law is when negligence results in injury or extensive harm to the patient.
Preparing for Medical Malpractice Claims
The best way to avoid malpractice claims is to prepare for them. This doesn’t mean expecting a patient to file a case against you every time you treat them, but rather ensuring you’re equipped to face the risks related to your profession.
Develop a solid rapport with your patients. Making them feel comfortable through transparent communication builds trust, helps you understand their needs better, and increases the chances of them feeling satisfied with the care you provide.
This idea of building rapport applies to healthcare professionals across all industries, from those working in medical spas to hospital physicians. Here are other ways you can lessen the risk of a medical malpractice lawsuit:
1. Deliberate Communication
Patient satisfaction plays a huge role in malpractice claims.
People remember how they are treated, whether it’s positive or negative. This of course includes the things you say, but also the body language you use when interacting with them while providing care.
Turning your back or glancing at your watch while they’re talking will make them feel rushed. Folding your arms in front of your chest will make you look unapproachable. These small, often involuntary actions can make your patients feel unimportant.
Be as communicative as possible, courteously answer their questions, and have follow-up dialogue when possible to demonstrate interest. Show you care to establish a good doctor-patient relationship that helps you avoid medical malpractice claims.
2. Get Everything In Writing
Another way to avoid a claim is to document everything before, during, and after the treatment period. Make sure to include examinations done, diagnosis, and follow-up appointments. Proper documentation gives you a good defence in case you need to go to court.
It also makes it easier for your medical malpractice insurance provider to settle a claim if you can show that the patient is aware of and accepted the service you provided—consent is non-negotiable. Let’s discuss this further…
3. Always Obtain Informed Consent
While this seems obvious, it is a common issue in malpractice lawsuits. Any procedure done to a patient without informed consent is against the law. There is zero wiggle room when it comes to consent, which is how it should be.
As such, it is important to discuss crucial procedures—including the risks involved and how much it costs—with your patients before they happen. You cannot proceed with treatment if your patient has not consented to all aspects of it.
4. Follow Up and Seek Feedback
Treatment doesn’t stop once the patient is out of the hospital. Steer clear of medical malpractice claims by seeking feedback on the care you have provided and following up with your patients after their treatment.
Asking for feedback also helps you and your team identify areas that need improvement or issues that could lead to a lawsuit.
5. Get Medical Malpractice Insurance
Also called medical professional liability insurance, this protects you and your business against claims that your services resulted in the harm or injury of a patient. It includes coverage for legal fees, including out-of-court settlements, property damage, and other liabilities that could leave you bankrupt or have your professional license revoked.
There are two types of medical malpractice insurance:
- A claims-made policy refers to a claim that occurs and is reported while your insurance is in effect. This means that once your policy expires, the coverage expires as well.
- An occurrence-made policy protects against claims made during the policy’s effectivity. Under this policy, coverage is available even after the policy expires or has been cancelled.
Each policy’s cost depends on several factors. Talk to an insurance broker to find out how much medical professional liability insurance you need.
Protect Your Practice Today for Peace of Mind Tomorrow
Protect your practice and your patients by taking proactive steps to avoid medical malpractice insurance claims. Don't wait until it's too late—secure the coverage you need today.
While most malpractice claims are avoidable, it’s still a good idea to secure your finances with medical professional liability insurance. At KASE Insurance, we offer healthcare professionals customized insurance policies—with no unnecessary riders.
Contact us today to learn more about our medical malpractice insurance coverage or to get a quick quote!