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 Recognize that the majority of lawsuits threatened are withdrawn or settled, often unrelated to merit.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

  • Pediatrician vs. grandmother: Choosing love over medical advice

    Jessie Mahoney, MD
  • How I got Dr. Luis Torres Díaz on Wikipedia: a grandson’s journey

    Francisco M. Torres, MD
  • Direct primary care vs psychotherapy models: Why they aren’t interchangeable

    Arthur Lazarus, MD, MBA
  • The hidden depth of the rural primary care shortage

    Esther Yu Smith, MD
  • Preventing physician burnout: an educational approach

    William Lynes, MD
  • Physician grief and patient loss: Navigating the emotional toll of medicine

    Francisco M. Torres, MD
  • Most Popular

  • Past Week

    • Psychiatrists are physicians: a key distinction

      Farid Sabet-Sharghi, MD | Physician
    • The blind men and the elephant: a parable for modern pain management

      Richard A. Lawhern, PhD | Conditions
    • Is primary care becoming a triage station?

      J. Leonard Lichtenfeld, MD | Physician
    • Preventing physician burnout before it begins in med school [PODCAST]

      The Podcast by KevinMD | Podcast
    • Pediatrician vs. grandmother: Choosing love over medical advice

      Jessie Mahoney, MD | Physician
    • The risk of ideology in gender medicine

      William Malone, MD | Conditions
  • Past 6 Months

    • Psychiatrists are physicians: a key distinction

      Farid Sabet-Sharghi, MD | Physician
    • Why feeling unlike yourself is a sign of physician emotional overload

      Stephanie Wellington, MD | Physician
    • The U.S. gastroenterologist shortage explained

      Brian Hudes, MD | Physician
    • The Silicon Valley primary care doctor shortage

      George F. Smith, MD | Physician
    • California’s opioid policy hypocrisy

      Kayvan Haddadan, MD | Conditions
    • A lesson in empathy from a young patient

      Dr. Arshad Ashraf | Physician
  • Recent Posts

    • Pediatrician vs. grandmother: Choosing love over medical advice

      Jessie Mahoney, MD | Physician
    • How I got Dr. Luis Torres Díaz on Wikipedia: a grandson’s journey

      Francisco M. Torres, MD | Physician
    • Direct primary care vs psychotherapy models: Why they aren’t interchangeable

      Arthur Lazarus, MD, MBA | Physician
    • The hidden depth of the rural primary care shortage

      Esther Yu Smith, MD | Physician
    • When hospitals act like platforms, clinicians become content

      Gerald Kuo | Conditions
    • Preventing physician burnout: an educational approach

      William Lynes, MD | Physician

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

    • Psychiatrists are physicians: a key distinction

      Farid Sabet-Sharghi, MD | Physician
    • The blind men and the elephant: a parable for modern pain management

      Richard A. Lawhern, PhD | Conditions
    • Is primary care becoming a triage station?

      J. Leonard Lichtenfeld, MD | Physician
    • Preventing physician burnout before it begins in med school [PODCAST]

      The Podcast by KevinMD | Podcast
    • Pediatrician vs. grandmother: Choosing love over medical advice

      Jessie Mahoney, MD | Physician
    • The risk of ideology in gender medicine

      William Malone, MD | Conditions
  • Past 6 Months

    • Psychiatrists are physicians: a key distinction

      Farid Sabet-Sharghi, MD | Physician
    • Why feeling unlike yourself is a sign of physician emotional overload

      Stephanie Wellington, MD | Physician
    • The U.S. gastroenterologist shortage explained

      Brian Hudes, MD | Physician
    • The Silicon Valley primary care doctor shortage

      George F. Smith, MD | Physician
    • California’s opioid policy hypocrisy

      Kayvan Haddadan, MD | Conditions
    • A lesson in empathy from a young patient

      Dr. Arshad Ashraf | Physician
  • Recent Posts

    • Pediatrician vs. grandmother: Choosing love over medical advice

      Jessie Mahoney, MD | Physician
    • How I got Dr. Luis Torres Díaz on Wikipedia: a grandson’s journey

      Francisco M. Torres, MD | Physician
    • Direct primary care vs psychotherapy models: Why they aren’t interchangeable

      Arthur Lazarus, MD, MBA | Physician
    • The hidden depth of the rural primary care shortage

      Esther Yu Smith, MD | Physician
    • When hospitals act like platforms, clinicians become content

      Gerald Kuo | Conditions
    • Preventing physician burnout: an educational approach

      William Lynes, MD | Physician

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...