Skip to content
  • About
  • Contact
  • Contribute
  • Book
  • Careers
  • Podcast
  • Recommended
  • Speaking
  • All
  • Physician
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • Video
    • All
    • Physician
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • Video
    • About
    • Contact
    • Contribute
    • Book
    • Careers
    • Podcast
    • Recommended
    • Speaking

8 ways to elude a malpractice lawsuit

George Lundberg, MD
Physician
October 7, 2010
Share
Tweet
Share

So you want not to be decimated by a malpractice lawsuit? I understand that, and I agree. Here are eight ways to elude that destiny.

Way number 1. Don’t do malpractice.

Way number 2. Care deeply about your patients; and let them know by your actions that you really do care.

Way number 3. Communicate diligently with your patients so that you and they are on the same page and understand together what is going on. Share with them the benefits, costs, and risks of the various diagnostic and therapeutic procedures that you wish to use, and decide together to go forward.

Way number 4. If a medical mistake or error does happen and the patient is harmed, tell the patient and apologize if appropriate. Along with your institution, offer a settlement for damages, and tell the patient that you and the organization have learned from the error and have instituted corrective actions to prevent it from happening again.

Way number 5. Recognize that the majority of actual errors that do harm patients never come to lawsuit.

Way number 6. Recognize that the majority of unhappy patient encounters with or without harm that do come to lawsuit are without actual merit.

Way number 7. Recognize that the majority of lawsuits threatened are withdrawn or settled, often unrelated to merit.

Way number 8. Work to achieve a system of binding arbitration in your state.

At the end of the day, recognize that the American system of dealing with medical professional liability, so called malpractice, sucks, and that stuff (so to speak) happens.

But they will not vanish, so arm yourself with ways number 1 through 8, and be positive.

Many times the good guys actually do win.

George Lundberg is a MedPage Today Editor-at-Large and former editor of the Journal of the American Medical Association.

ADVERTISEMENT

Originally published in MedPage Today. Visit MedPageToday.com for more health policy news.

Prev

Early diagnosis of panic disorder can improve quality of care

October 7, 2010 Kevin 3
…
Next

Why doctors have poor customer service

October 7, 2010 Kevin 62
…

Tagged as: Malpractice

Post navigation

< Previous Post
Early diagnosis of panic disorder can improve quality of care
Next Post >
Why doctors have poor customer service

ADVERTISEMENT

More by George Lundberg, MD

  • a desk with keyboard and ipad with the kevinmd logo

    Pathologists face a stark career choice

    George Lundberg, MD
  • a desk with keyboard and ipad with the kevinmd logo

    A culture of cover-up has slowed the patient safety movement

    George Lundberg, MD
  • a desk with keyboard and ipad with the kevinmd logo

    Do drugs aid and abet genius or does genius lead to drugs?

    George Lundberg, MD

More in Physician

  • Demedicalize dying: Why end-of-life care needs a spiritual reset

    Kevin Haselhorst, MD
  • Physician due process: Surviving the court of public opinion

    Muhamad Aly Rifai, MD
  • Spaced repetition in medicine: Why current apps fail clinicians

    Dr. Sunakshi Bhatia
  • When diagnosis becomes closure: the harm of stopping too soon

    Ann Lebeck, MD
  • From flight surgeon to investor: a doctor’s guide to financial freedom

    David B. Mandell, JD, MBA
  • The surgical safety checklist: Why silence is the real enemy

    Brooke Buckley, MD, MBA
  • Most Popular

  • Past Week

    • Health care as a human right vs. commodity: Resolving the paradox

      Timothy Lesaca, MD | Physician
    • My wife’s story: How DEA and CDC guidelines destroyed our golden years

      Monty Goddard & Richard A. Lawhern, PhD | Conditions
    • The gastroenterologist shortage: Why supply is falling behind demand

      Brian Hudes, MD | Physician
    • Why voicemail in outpatient care is failing patients and staff

      Dan Ouellet | Tech
    • Alex Pretti’s death: Why politics belongs in emergency medicine

      Marilyn McCullum, RN | Conditions
    • U.S. opioid policy history: How politics replaced science in pain care

      Richard A. Lawhern, PhD & Stephen E. Nadeau, MD | Meds
  • Past 6 Months

    • How environmental justice and health disparities connect to climate change

      Kaitlynn Esemaya, Alexis Thompson, Annique McLune, and Anamaria Ancheta | Policy
    • Will AI replace primary care physicians?

      P. Dileep Kumar, MD, MBA | Tech
    • A physician father on the Dobbs decision and reproductive rights

      Travis Walker, MD, MPH | Physician
    • What is the minority tax in medicine?

      Tharini Nagarkar and Maranda C. Ward, EdD, MPH | Education
    • Why the U.S. health care system is failing patients and physicians

      John C. Hagan III, MD | Policy
    • Alex Pretti: a physician’s open letter defending his legacy

      Mousson Berrouet, DO | Physician
  • Recent Posts

    • AI censorship threatens the lifeline of caregiver support [PODCAST]

      The Podcast by KevinMD | Podcast
    • Demedicalize dying: Why end-of-life care needs a spiritual reset

      Kevin Haselhorst, MD | Physician
    • Physician due process: Surviving the court of public opinion

      Muhamad Aly Rifai, MD | Physician
    • Spaced repetition in medicine: Why current apps fail clinicians

      Dr. Sunakshi Bhatia | Physician
    • When the doctor becomes the patient: a breast cancer diagnosis

      Sue Hwang, MD | Conditions
    • My journey with fibroids and hysterectomy: a patient’s perspective

      Sonya Linda Bynum | Conditions

Subscribe to KevinMD and never miss a story!

Get free updates delivered free to your inbox.


Find jobs at
Careers by KevinMD.com

Search thousands of physician, PA, NP, and CRNA jobs now.

Learn more

View 24 Comments >

Founded in 2004 by Kevin Pho, MD, KevinMD.com is the web’s leading platform where physicians, advanced practitioners, nurses, medical students, and patients share their insight and tell their stories.

Social

  • Like on Facebook
  • Follow on Twitter
  • Connect on Linkedin
  • Subscribe on Youtube
  • Instagram

ADVERTISEMENT

ADVERTISEMENT

  • Most Popular

  • Past Week

    • Health care as a human right vs. commodity: Resolving the paradox

      Timothy Lesaca, MD | Physician
    • My wife’s story: How DEA and CDC guidelines destroyed our golden years

      Monty Goddard & Richard A. Lawhern, PhD | Conditions
    • The gastroenterologist shortage: Why supply is falling behind demand

      Brian Hudes, MD | Physician
    • Why voicemail in outpatient care is failing patients and staff

      Dan Ouellet | Tech
    • Alex Pretti’s death: Why politics belongs in emergency medicine

      Marilyn McCullum, RN | Conditions
    • U.S. opioid policy history: How politics replaced science in pain care

      Richard A. Lawhern, PhD & Stephen E. Nadeau, MD | Meds
  • Past 6 Months

    • How environmental justice and health disparities connect to climate change

      Kaitlynn Esemaya, Alexis Thompson, Annique McLune, and Anamaria Ancheta | Policy
    • Will AI replace primary care physicians?

      P. Dileep Kumar, MD, MBA | Tech
    • A physician father on the Dobbs decision and reproductive rights

      Travis Walker, MD, MPH | Physician
    • What is the minority tax in medicine?

      Tharini Nagarkar and Maranda C. Ward, EdD, MPH | Education
    • Why the U.S. health care system is failing patients and physicians

      John C. Hagan III, MD | Policy
    • Alex Pretti: a physician’s open letter defending his legacy

      Mousson Berrouet, DO | Physician
  • Recent Posts

    • AI censorship threatens the lifeline of caregiver support [PODCAST]

      The Podcast by KevinMD | Podcast
    • Demedicalize dying: Why end-of-life care needs a spiritual reset

      Kevin Haselhorst, MD | Physician
    • Physician due process: Surviving the court of public opinion

      Muhamad Aly Rifai, MD | Physician
    • Spaced repetition in medicine: Why current apps fail clinicians

      Dr. Sunakshi Bhatia | Physician
    • When the doctor becomes the patient: a breast cancer diagnosis

      Sue Hwang, MD | Conditions
    • My journey with fibroids and hysterectomy: a patient’s perspective

      Sonya Linda Bynum | Conditions

MedPage Today Professional

An Everyday Health Property Medpage Today
  • Terms of Use | Disclaimer
  • Privacy Policy
  • DMCA Policy
All Content © KevinMD, LLC
Site by Outthink Group

8 ways to elude a malpractice lawsuit
24 comments

Comments are moderated before they are published. Please read the comment policy.

Loading Comments...