Malpractice Claims and How To Prevent Them

The origins of professional malpractice date back to early eighteenth century English legal theory. Medical malpractice claims are prevalent 300 years later and do not figure to disappear any time soon.

The increase of medical malpractice lawsuits has cyclical ramifications that affect several parties. Insurance companies are forced to raise premiums so that they can operate profitably. In turn, physician fees increase, which has an impact on patients. Physicians have to deal with the stresses of potential legal problems, not to mention the financial risks of settling or losing a lawsuit. Besides the fiscal damage, physicians that make payments connected to malpractice settlements or judgments are also included in the National Practitioner Data Bank. That information is available to hospitals and state licensure boards, and may soon be available to the public.

Preventing a malpractice suit can be as simple as increasing the clarity of your notes, improving communication, fixing lapses in patient service, or even apologizing, but there are other measures you can take to avoid non-clinical errors that could lead to a lawsuit. You can also contact your county bar association to get a referral to an asset protection attorney, because each case of alleged malpractice is unique, as are malpractice insurance policies. The pros and cons of a consent to settle clause in a liability policy is just one example of an issue that you may need advice about.

As the average claim payment and the volume of malpractice suits have increased, malpractice insurance premiums have also been on the rise. The good news is that the cost of medical malpractice insurance premiums is finally stabilizing. Unfortunately, the danger of being sued for malpractice is still just as great. Eliminating the risk of being sued for malpractice is impossible, but reducing risk and protecting yourself is not.