There are several proactive strategies physicians can take to safeguard from the rise in malpractice suits, Medical Economics reported Oct. 1.
In 2023, malpractice verdicts hit a record high with 57 medical malpractice verdicts of $10 million or more, with more than half of those verdicts hitting $25 million.
Since plaintiff attorneys are usually compensated only if they win, filing a lawsuit typically indicates they believe the case is strong, Ari Gurian, founding partner of Gurian Law in Illinois, told Medical Economics.
Ms. Gurian said that common malpractice claims arising from misdiagnosis, surgical errors, medication mistakes, lack of informed consent and improper documentation.
Other sources, such as physician Danielle Kelvas, MD, told Medical Economics that spending time with patients and acknowledging patient feedback can build trust and reduce conflict.
A leading cause of malpractice suits, according to the report, is failure or delay in diagnosis as a leading cause of malpractice suits, so performing thorough examinations and documenting findings to specialists is key to reducing risks.
Here are three proactive strategies in avoiding malpractice suits, according to the report:
Avoid common mistakes
Around 1.5 million patients are harmed annually by medication errors, according to the report. Ms. Gurian advises physicians to communicate effectively about patients' medications and potential risks. Misdiagnoses often stem from inadequate assessments and communication breakdowns, so doctors should remain vigilant in these areas.
Communicate effectively
Avoiding malpractice claims also hinges on strong communication, the report said. Building trust and providing things like written summaries of visits can help patients retain important information.
Document records
Accurate documentation is crucial for defending against malpractice claims. Ms. Gurian said that poor record-keeping can often jeopardize malpractice cases. Comprehensive documentation should include assessments, treatment plans and patient communications.
Patient discussions, care plans and provided educational materials must be documented. Additionally, nonadherence to treatment plans to avoid liability and informed consent documents should be detailed and easy to understand, with time allocated for patient questions.