Minimizing Vulnerability to Malpractice Claims

Abstract

June 2007

Section Elements of Contemporary Practice

9 Minimizing Vulnerability to Malpractice Claims

Grant H. Fleming, Esq.
McQuaide, Blasko, Schwartz, Fleming, & Faulkner, Inc., State College, Pennsylvania

Wiley W. Souba, M.D., Sc.D., F.A.C.S.
Dean, Ohio State University College of Medicine

Of all the challenges that surgeons face, perhaps none can be so threatening and draining—on an emotional, personal, and professional level—as being a defendant in a medical malpractice claim, especially when the individual initiating the claim is the very patient the defendant physician was trying to help. This chapter provides the practicing surgeon with practical information about the genesis and mechanics of malpractice suits. The current malpractice climate is described, and personal issues experienced by defendant physicians are examined. The questions of who brings malpractice claims and who are subjected to them are explored. Strategies for reducing the risk of malpractice claims (e.g., communication, informed consent, documentation, education) are reviewed. Tips that will help surgeons assist in their own defense if sued are offered, including instructions on courtroom demeanor. This chapter contains 15 references.

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