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

Patient-physician relationships in medical malpractice

Kathleen Clark, PhD
Physician
February 2, 2011
139 Shares
Share
Tweet
Share

I recently read a post from Jan Gurley, MD on here on KevinMD.com.

Her opinion is that medical malpractice lawsuits are a “crap-shoot”; she notes that “malpractice lawsuits fail when it comes to medical errors-in both directions.  People who’ve suffered from errors both don’t sue, and lose suits, in the same percentages that people who sued have no suffered from errors.”

Assuming that information is correct for purposes of this post, I ask that all readers consider shifting (or expanding) the conversation from this traditional one: 90% of cases that go to trial end in defense verdicts and 67% of cases were dropped, dismissed, or withdrawn (according to one survey).  I propose shifting the conversation upstream from this analysis to look at existing patient-physician relationships in which patient and physician are on the same side in a trusting, respectful relationship.

Then, something goes wrong, an error perhaps, perhaps not.  Some concern about a procedure/process arises, the patient’s health further deteriorates, or the patient dies.   The physician acts quickly, meeting with the patient or family, explains the situation, informs the patient what occurred, accepts responsibility and apologizes, if appropriate, listens to the patient’s questions and experience of the healthcare system, and uses that information expeditiously to improve patient safety.   If the physician does not believe there was error, s/he explains that what occurred is a common side effect, was predictable and explained to the patient in the informed patient choice process, or was not an error for other reasons.

If this conversation takes place, along with an offer of compensation, if appropriate, there is, very likely, no need for litigation, an adversarial process that pits physician against patient and forever transforms (and likely ends) a trusting, caring relationship.   Trained attorneys can play a supportive role, counseling and advising the parties through this nonadversarial process.

The various studies/surveys that address who gets sued, what specialties they belong to, the end results of litigation, and/or whether cases are “frivolous,” never seem to address these upstream issues.  When this continuing conversation between patient and physician occurs after there may have been medical error, it is not about blame, punishment, or punitive damages (almost unheard of in a med mal case, since intent must be proved and a less than miniscule number of physicians intend to harm their patients).  Instead, it is about open communication, whether error was involved or not, and commitment to the patient-physician relationship.   Before we get to statistics about cases dropped, can we ask: Was there a respectful process in place, such that patient-physician trust can be maintained and the patients understand what happened in order to make continuing healthcare decisions for themselves?

I don’t believe that anyone, whether patient, physician, or attorney, gets up in the morning and thinks: “I’m going to make some money today at someone else’s expense”. Rather, I imagine we all wake up, thinking: “I’m going to be responsible for my actions today and treat everyone I meet with dignity and respect.”

Kathleen Clark is an attorney who can be reached at Servant Lawyership.

 

Submit a guest post and be heard on social media’s leading physician voice.

Prev

Treating a patient in a small town versus a big city

February 1, 2011 Kevin 1
…
Next

The threat of malpractice means doctors cannot acknowledge their fallibility

February 2, 2011 Kevin 17
…

Tagged as: Malpractice, Patients

Post navigation

< Previous Post
Treating a patient in a small town versus a big city
Next Post >
The threat of malpractice means doctors cannot acknowledge their fallibility

More by Kathleen Clark, PhD

  • a desk with keyboard and ipad with the kevinmd logo

    The Golden Moment in medical malpractice

    Kathleen Clark, PhD

More in Physician

  • Unlearning our habits: a journey from intelligence to wisdom

    Brian Sayers, MD
  • Beyond pizza and pens: National Doctors’ Day should be about saving lives

    James Young, MD
  • Maximizing physician potential: How coaching can aid in conflict resolution, enhance health care leadership and build stronger teams

    Asha Padmanabhan, MD
  • Physicians are a finite resource we need to protect

    Jack Resneck, Jr., MD
  • Tom Brady’s legacy and the importance of personal integrity in end-of-life choices

    Kevin Haselhorst, MD
  • The hidden truths of hospital life: What doctors wish you knew

    Emily Stanford, DO
  • Most Popular

  • Past Week

    • What is driving physicians to the edge of despair?

      Edward T. Creagan, MD | Physician
    • The untold struggles patients face with resident doctors

      Denise Reich | Conditions
    • Beyond pizza and pens: National Doctors’ Day should be about saving lives

      James Young, MD | Physician
    • Physicians are a finite resource we need to protect

      Jack Resneck, Jr., MD | Physician
    • From clocking in to clocking out: the transition to retirement

      Debbie Moore-Black, RN | Conditions
    • From hope to heartbreak: a story of loss in the ICU

      Ton La, Jr., MD, JD | Conditions
  • Past 6 Months

    • The real cause of America’s opioid crisis: Doctors are not to blame

      Richard A. Lawhern, PhD | Meds
    • Nobody wants this job. Should physicians stick around?

      Katie Klingberg, MD | Physician
    • The vital importance of climate change education in medical schools

      Helen Kim, MD | Policy
    • The fight for reproductive health: Why medication abortion matters

      Catherine Hennessey, MD | Physician
    • Resetting the doctor-patient relationship: Navigating the challenges of modern primary care

      Jeffrey H. Millstein, MD | Physician
    • It’s time for C-suite to contract directly with physicians for part-time work

      Aaron Morgenstein, MD & Corinne Sundar Rao, MD | Physician
  • Recent Posts

    • From hope to heartbreak: a story of loss in the ICU

      Ton La, Jr., MD, JD | Conditions
    • Unlearning our habits: a journey from intelligence to wisdom

      Brian Sayers, MD | Physician
    • Lessons from an orthopedic surgery journey [PODCAST]

      The Podcast by KevinMD | Podcast
    • Beyond pizza and pens: National Doctors’ Day should be about saving lives

      James Young, MD | Physician
    • Maximizing physician potential: How coaching can aid in conflict resolution, enhance health care leadership and build stronger teams

      Asha Padmanabhan, MD | Physician
    • The future of education: AI empowerment, YouTube college credits, and the impact on traditional colleges

      Harvey Castro, MD, MBA | Tech

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 11 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

CME Spotlights

From MedPage Today

Latest News

  • Why I Don't Identify With Women's History Month as a Black Doctor
  • A Drink or Two a Day Won't Help Prolong Life
  • Sleep, Exercise, and Death; Pope Improving, Eats Pizza; Obesity Med Strategies
  • U.S. Study Backs 'Helper' Virus Theory in Kids' Mystery Hepatitis Cases
  • Moderna's Steep COVID Vaccine Price: Corporate Greed or Capitalism?

Meeting Coverage

  • VTE Risk in Recurrent Ovarian Cancer Increases With More Lines of Chemotherapy
  • Obesity's Impact on Uterine Cancer Risk Greater in Younger Age Groups
  • Oral Roflumilast Effective in the Treatment of Plaque Psoriasis
  • Phase III Trials 'Hit a Home Run' in Advanced Endometrial Cancer
  • Cannabis Use Common in Post-Surgery Patients on Opioid Tapering
  • Most Popular

  • Past Week

    • What is driving physicians to the edge of despair?

      Edward T. Creagan, MD | Physician
    • The untold struggles patients face with resident doctors

      Denise Reich | Conditions
    • Beyond pizza and pens: National Doctors’ Day should be about saving lives

      James Young, MD | Physician
    • Physicians are a finite resource we need to protect

      Jack Resneck, Jr., MD | Physician
    • From clocking in to clocking out: the transition to retirement

      Debbie Moore-Black, RN | Conditions
    • From hope to heartbreak: a story of loss in the ICU

      Ton La, Jr., MD, JD | Conditions
  • Past 6 Months

    • The real cause of America’s opioid crisis: Doctors are not to blame

      Richard A. Lawhern, PhD | Meds
    • Nobody wants this job. Should physicians stick around?

      Katie Klingberg, MD | Physician
    • The vital importance of climate change education in medical schools

      Helen Kim, MD | Policy
    • The fight for reproductive health: Why medication abortion matters

      Catherine Hennessey, MD | Physician
    • Resetting the doctor-patient relationship: Navigating the challenges of modern primary care

      Jeffrey H. Millstein, MD | Physician
    • It’s time for C-suite to contract directly with physicians for part-time work

      Aaron Morgenstein, MD & Corinne Sundar Rao, MD | Physician
  • Recent Posts

    • From hope to heartbreak: a story of loss in the ICU

      Ton La, Jr., MD, JD | Conditions
    • Unlearning our habits: a journey from intelligence to wisdom

      Brian Sayers, MD | Physician
    • Lessons from an orthopedic surgery journey [PODCAST]

      The Podcast by KevinMD | Podcast
    • Beyond pizza and pens: National Doctors’ Day should be about saving lives

      James Young, MD | Physician
    • Maximizing physician potential: How coaching can aid in conflict resolution, enhance health care leadership and build stronger teams

      Asha Padmanabhan, MD | Physician
    • The future of education: AI empowerment, YouTube college credits, and the impact on traditional colleges

      Harvey Castro, MD, MBA | Tech

MedPage Today Professional

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

Patient-physician relationships in medical malpractice
11 comments

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

Loading Comments...