The Malpractice Cure: How to Avoid the Legal Mistakes that Doctors Make

Overview

An apple a day keeps the doctor away—but what wards off lawyers? If you’re a doctor, the answer is sound legal education. The trouble is that most physicians don’t have it, and many of them get sued. The rate of malpractice lawsuits has recently skyrocketed, and the corresponding rise in malpractice insurance premiums is a burden many doctors cannot bear. According to some estimates, malpractice costs in the United States have increased by an average of 12% every year since ...

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2009 Hardcover Good 033 Item may show signs of shelf wear. Pages may include limited notes and highlighting. Includes supplemental or companion materials if applicable. Access ... codes may or may not work. Connecting readers since 1972. Customer service is our top priority. Read more Show Less

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Malpractice Cure

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Overview

An apple a day keeps the doctor away—but what wards off lawyers? If you’re a doctor, the answer is sound legal education. The trouble is that most physicians don’t have it, and many of them get sued. The rate of malpractice lawsuits has recently skyrocketed, and the corresponding rise in malpractice insurance premiums is a burden many doctors cannot bear. According to some estimates, malpractice costs in the United States have increased by an average of 12% every year since 1975.

Now, there’s preventative medicine for doctors. In The Malpractice Cure,  A physician can be sued because he didn’t call a patient who skipped a follow-up. Some doctors end up in court because their notes differ slightly from a nurse’s report. Doctors can be sued for forgetting to remind patients to return if their symptoms persist. It's the simplest errors that can land a doctor in court, and McCarthy explains the most common oversights.

Unlike other books for doctors that concentrate solely on safe medical care, The Malpractice Cure explains the habits of doctors and their office policies that all but the most litigious patients ignore. And, if the worst happens, readers will find a special section on what to do when you get sued. Whether they work in hospitals or private offices, and no matter their medical specialty, doctors have much to learn from clients of Mr. McCarthy who should have known better.

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Product Details

  • ISBN-13: 9781427799593
  • Publisher: Kaplan Publishing
  • Publication date: 5/5/2009
  • Pages: 224
  • Product dimensions: 5.74 (w) x 8.32 (h) x 0.78 (d)

Meet the Author

Edward D. McCarthy has earned an outstanding reputation as a litigator at the Boston-based firm of McCarthy, Bouley, and Barry. He has practiced law for four decades, specializing in medical malpractice defense, product liability and general health and hospital law. As an expert in administrative law, he served as City Solicitor of Cambridge and General Counsel to the Cambridge Public Health Commission. A Fellow of the American College of Trial Lawyers and the American Board of Trial Advocates, Mr. McCarthy is a former Adjunct Professor of Health and Hospital Law at the New England School of Law in Boston. He is a member of the American Academy of Hospital Attorneys and the American Society of Law and Medicine and has served as President of the Massachusetts Chapter of the American Board of Trial Advocates. He is widely sought as a lecturer and panelist in areas of health law.

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Table of Contents

Glossary**v

Introduction**xi

Chapter 1 Claims Against Healthcare Providers**1

Legal Principles**1

Insurance**12

Risk Management**14

National Practitioner Data Bank**16

Licensing/Regulatory Boards**17

Chapter 2 Office Settings**19

Patient Relations**19

Telephone and Email Encounters**24

Records**32

The Noncompliant Patient: Documentation Is Key**47

The No-Show Patient**50

Terminating the Physician-Patient Relationship**51

Avoid Giving Guarantees**55

Consent**55

Curriculum Vitae**61

Referrals**63

Confidentiality**63

Collecting Unpaid Balances Can Trigger Lawsuits: Is It Worth It?**73

Chapter 3 Hospital Settings**77

Types of Hospitals**77

Staff Privileges**79

Peer Review**83

Mistakes**84

Practice Guidelines/Pathways**95

House Staff**102

Hospitalists**110

Group Visits**115

Hospitals Records**117

Imaging**136

The "Difficult" Physician**147

Patient Rights**152

Recognize Your Limitations**157

Chapter 4 Adverse Events**161

Should You Continue Treating the Patient?**162

Communicating with the Patient/Family after an Adverse Event**165

What Happens If You Are Sued?**175

Chapter 5 Conclusion**199

Index**203

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