Part 2: Mitigating the stress of a lawsuit: process, prepare, parley, and prioritize.<\/p>\n
The first part of this three part article looked at the statistical occurrences of medical malpractice lawsuits over the course of a physician\u2019s career, and the fundamental contradiction between the usual results of a malpractice lawsuit (~90% dismissed or settled) versus the emotional effects it can have on the doctor being sued (~70% stated that it was unpleasant, stressful, and difficult to work through). The article also briefly touched on how just the act of getting sued, or witnessing a suit against a colleague, can affect how a doctor treats his patients going forward.<\/p>\n
This article will focus more on how to mitigate the stress that a lawsuit can bring.<\/p>\n
We read a wonderful article on KevinMD written by David P. Michelin, a doctor who had been sued, tried, and eventually completely exonerated in the courtroom after a two-and-a-half year process (most malpractice suits are resolved before trial). Dr. Michelin states that the average doctor will spend nearly 11 percent of a 40-year career with an open malpractice claim. In fact, a study concluded that 75% of all doctors in low-risk specialties and 99% of all doctors in high-risk specialties will be sued at least once in the course of a typical 65-year career. Once we understand that getting sued is almost an inevitability, an inevitability that happens to almost every doctor in the course of an average career, we can examine the emotional effects of getting sued without the emotional burden of wondering \u201cWhy me? What did I do to make this happen?\u201d<\/p>\n
Instead of asking why, perhaps a better question to ask would be when. \u201cHow will I respond when and if a claim occurs?\u201d<\/p>\n
So now that we\u2019ve looked at the statistics, and understand the reality of the situation, let\u2019s take a look at Dr. Michelin\u2019s case, and how he prepared to defend himself. He states, \u201cTreat the litigation as another necessary part of your career, and take the same approach as you would toward other hurdles like a board exam. Be meticulous. Go over your chart. Familiarize yourself with every aspect of the case\u2026and take an active role in your defense.\u201d Familiarizing yourself with all the details of the chart is important, but one must remember to never alter anything in the medical record to remain defensible.<\/p>\n
In part 3 of this article, we are going to look at some detailed advice given by a claim specialist at PracticeProtection, Chris Dewald, and he also suggests that preparation is key. A doctor facing a lawsuit should contact their medical malpractice insurance carrier straight-away, so that both the insurance carrier and the doctor can collaborate and determine the appropriate course of action, including requests for records, discovery of legitimacy of the claim, deposition assistance, as well as other information which will aid in preparation.<\/p>\n
Dr. Michelin goes on further to discuss how the plaintiff\u2019s attorney will try to belittle you, anger you, and make you question yourself, but reminds doctors that \u201cno one in the room knows the case better than you. Approach your testimony the same way you approach a talk at a conference\u2014you are the expert, the master of that topic.\u201d Once again, preparation is key.<\/p>\n
Deposition assistance was of particular importance to Dr. Michelin. He states, \u201cI referred to my notes from the (mock deposition) prior to my deposition and prior to going on the stand during the trial. This was a huge stress reliever. You can\u2019t lose your cool on the stand, and falling back on those techniques helped me stay calm.\u201d<\/p>\n
Knowledge and preparation are perhaps a physician\u2019s most important assets in not only preparing for trial, but also for maintaining acceptable levels of stress during this lengthy and difficult process.<\/p>\n
First it is important to note that lawsuits must be handled very delicately by the persons involved. As Dr. Michelin states, \u201cTo ensure defensibility, physicians will wisely avoid discussing an ongoing claim with anyone other than their claims specialist or defense attorney.\u201d However, he goes on to state that while you ought not to divulge critical details of a current claim to family members, friends, or colleagues (for a variety of reasons from potential HIPAA violations to fear that your words will be used against you), you can and ought to discuss with them about how it is affecting you emotionally. This should be done in a delicate and professional manner which does not divulge details of the case, but rather focuses on your mental state. \u201cThis can help you overcome feelings of isolation that often accompany a malpractice claim,\u201d he continues, \u201cDoctors often have a tough, go-it-alone mentality. But this is the bottom line: Don\u2019t go into a shell. Talk to somebody.\u201d Don\u2019t forget that your colleagues have probably been in or witnessed a similar situation, and can lend you a sympathetic ear.<\/p>\n
While a medical malpractice claim brings uncertainty, fear, and potentially calls into question a physician\u2019s skill and reputation, it does not need to happen in a vacuum. A doctor discussing the particulars of her case with loved ones and colleagues would be unwise, but discussing how the circumstances make her feel can be a useful tool in mitigating the stress that accompanies any lawsuit.<\/p>\n
Dr. Michelin goes on to state that doctors\u2019 stresses are unique to their profession. \u201cFaced with difficult decisions\u2014sometimes those that are life-and-death\u2014(patients) trust our expertise and rely on us to always take the right action\u2026I often need to tell patients that their lifestyle decisions are harming them\u2026and while many of my patients do well, I need to tell some of them that cancer will ultimately take their life.\u201d<\/p>\n
But mixing the stress of a medical malpractice claim in with the rest of those daily stressors, the situation that can quickly spiral out of control, even for the most level-headed professional. He continues, \u201cDo whatever you need to do to unwind. This might be physical exercise\u2026or it might simply becoming more engaged in other personal interests. If you\u2019re not blocking out time to decompress, you\u2019re doing a disservice to yourself, your case, and your patients.\u201d<\/p>\n
Dr. Michelin was exonerated after two trials spanning two and a half years. \u201cBy adopting certain strategies,\u201d he concludes, \u201cI was able to mitigate many of the negative effects so many doctors experience. Litigation will inevitably be an intense and challenging experience, but you can avoid it becoming a crisis. You can still maintain your self-assurance, keep your relationships intact, and continue to provide the vital medical care on which your community relies.\u201d<\/p>\n
Some doctors have not done as well as Dr. Michelin, regardless of whether they successfully defended themselves or not. This slide from Medscape in which 1400 physicians were surveyed about their malpractice lawsuit experience shows that while about two-thirds did not have any long-term emotional or financial effects from the lawsuit, another one-third reported treating their patients differently afterward, or left the practice setting. There have been cases of doctors exhibiting high levels of depression and anxiety, practicing defensive medicine, becoming victims to \u201cburn-out,\u201d and even in the most extreme circumstances, committing acts of self-harm.<\/p>\n
But by taking a very proactive approach from the minute that letter of intent arrives, a physician can better protect himself, not only from the tangible effects of the lawsuit itself, but also from the emotional stress that accompanies this trying time.<\/p>\n","protected":false},"excerpt":{"rendered":"
Part 2: Mitigating the stress of a lawsuit: process, prepare, parley, and prioritize. The first part of this three part article looked at the statistical occurrences of medical malpractice lawsuits over the course of a physician\u2019s career, and the fundamental contradiction between the usual results of a malpractice lawsuit (~90% dismissed or settled) versus the […]<\/p>\n","protected":false},"author":1,"featured_media":322,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"default","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"default","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[8],"tags":[],"_links":{"self":[{"href":"https:\/\/www.practiceprotection.com\/physicians\/wp-json\/wp\/v2\/posts\/321"}],"collection":[{"href":"https:\/\/www.practiceprotection.com\/physicians\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.practiceprotection.com\/physicians\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.practiceprotection.com\/physicians\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.practiceprotection.com\/physicians\/wp-json\/wp\/v2\/comments?post=321"}],"version-history":[{"count":1,"href":"https:\/\/www.practiceprotection.com\/physicians\/wp-json\/wp\/v2\/posts\/321\/revisions"}],"predecessor-version":[{"id":323,"href":"https:\/\/www.practiceprotection.com\/physicians\/wp-json\/wp\/v2\/posts\/321\/revisions\/323"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.practiceprotection.com\/physicians\/wp-json\/wp\/v2\/media\/322"}],"wp:attachment":[{"href":"https:\/\/www.practiceprotection.com\/physicians\/wp-json\/wp\/v2\/media?parent=321"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.practiceprotection.com\/physicians\/wp-json\/wp\/v2\/categories?post=321"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.practiceprotection.com\/physicians\/wp-json\/wp\/v2\/tags?post=321"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}