Risk Management Articles
Dealing with an Adverse Event: Saying “I’m sorry” Without Admitting Fault

Adverse events are bound to occur over the course of a physician’s career. If a procedure does not go as anticipated or your patient develops an unforeseen complication, you may not know how best to address the situation with the patient and the patient’s family. Undeniably, the fear of litigation can also be a factor […]

Medical Record Documentation: Do’s and Don’ts

Contributed by Peter Spataro and Morgan Murphy, Brown & James, P.C. If your patient suffers complications and decides to file a lawsuit against you, your medical records will come under intense scrutiny. The saying goes, “hope for the best; prepare for the worst.” A thorough medical record is the best way to prepare for “the […]

The Consequences of Patients Dictating Treatment

One of the challenges for doctors is handling a wide variety of personalities – some patients are entirely trusting while others second-guess everything. The interrelationship between physician and patient is certainly affected by the personalities of both.   In some cases, patients do not wish to follow the advice and recommendations of their doctor. Rather, […]

Informed Consent and Claim Avoidance

Many cases are won and lost on the issue of informed consent.  The procedure may have gone well, or the outcome may be perfect.  But, if the patient wasn’t aware of the risks, other treatment options, etc., (or can claim there was no awareness of the risk, etc.) a cause of action for negligence can still be […]

Firing the Patient – When and How to Dismiss Problem Patients

Helping others is the nature of being a physician.  Seeing the positive and corrective results from treatment can be one of the most enjoyable aspects of medical practice.  And, the duty to treat is codified in law. Yet, the duty to treat is limited in scope.  The prudent practitioner will not only know the extent […]