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 Recognize that the majority of lawsuits threatened are withdrawn or settled, often unrelated to merit.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

  • Why every physician needs a sabbatical (and how to take one)

    Christie Mulholland, MD
  • The moral injury of “not medically necessary” denials

    Arthur Lazarus, MD, MBA
  • Is physician unionization the answer to a broken health care system?

    Allan Dobzyniak, MD
  • The decline of professionalism in medicine: a structural diagnosis

    Patrick Hudson, MD
  • The patchwork era of medical board certification

    Brian Hudes, MD
  • How neurodiversity in relationships shapes communication

    Farid Sabet-Sharghi, MD
  • Most Popular

  • Past Week

    • How environmental justice and health disparities connect to climate change

      Kaitlynn Esemaya, Alexis Thompson, Annique McLune, and Anamaria Ancheta | Policy
    • A physician father on the Dobbs decision and reproductive rights

      Travis Walker, MD, MPH | Physician
    • Will AI replace primary care physicians?

      P. Dileep Kumar, MD, MBA | Tech
    • Ecovillages and organic agriculture: a scenario for global climate restoration

      David K. Cundiff, MD | Policy
    • How honoring patient autonomy prevents medical trauma

      Sheryl J. Nicholson | Conditions
    • SNF discharge planning: Why documentation is no longer enough

      Rafiat Banwo, OTD | Conditions
  • Past 6 Months

    • Why patient trust in physicians is declining

      Mansi Kotwal, MD, MPH | Physician
    • Is primary care becoming a triage station?

      J. Leonard Lichtenfeld, MD | Physician
    • How environmental justice and health disparities connect to climate change

      Kaitlynn Esemaya, Alexis Thompson, Annique McLune, and Anamaria Ancheta | Policy
    • A physician father on the Dobbs decision and reproductive rights

      Travis Walker, MD, MPH | Physician
    • The blind men and the elephant: a parable for modern pain management

      Richard A. Lawhern, PhD | Conditions
    • Is tramadol really ineffective and risky?

      John A. Bumpus, PhD | Meds
  • Recent Posts

    • Escaping the golden cage of traditional medical practice to find joy again [PODCAST]

      The Podcast by KevinMD | Podcast
    • Why pediatricians are key to postpartum depression screening

      Mikenna Reiser | Conditions
    • Prostate cancer genomic testing: a physician-patient’s perspective

      Francisco M. Torres, MD | Conditions
    • Why every physician needs a sabbatical (and how to take one)

      Christie Mulholland, MD | Physician
    • Retail health care vs. employer DPC: Preparing for 2026 policy shifts

      Dana Y. Lujan, MBA | Policy
    • Taiwan’s “Yi-Dong-Yang”: a preventive aging model for super-aged societies

      Gerald Kuo | 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

    • How environmental justice and health disparities connect to climate change

      Kaitlynn Esemaya, Alexis Thompson, Annique McLune, and Anamaria Ancheta | Policy
    • A physician father on the Dobbs decision and reproductive rights

      Travis Walker, MD, MPH | Physician
    • Will AI replace primary care physicians?

      P. Dileep Kumar, MD, MBA | Tech
    • Ecovillages and organic agriculture: a scenario for global climate restoration

      David K. Cundiff, MD | Policy
    • How honoring patient autonomy prevents medical trauma

      Sheryl J. Nicholson | Conditions
    • SNF discharge planning: Why documentation is no longer enough

      Rafiat Banwo, OTD | Conditions
  • Past 6 Months

    • Why patient trust in physicians is declining

      Mansi Kotwal, MD, MPH | Physician
    • Is primary care becoming a triage station?

      J. Leonard Lichtenfeld, MD | Physician
    • How environmental justice and health disparities connect to climate change

      Kaitlynn Esemaya, Alexis Thompson, Annique McLune, and Anamaria Ancheta | Policy
    • A physician father on the Dobbs decision and reproductive rights

      Travis Walker, MD, MPH | Physician
    • The blind men and the elephant: a parable for modern pain management

      Richard A. Lawhern, PhD | Conditions
    • Is tramadol really ineffective and risky?

      John A. Bumpus, PhD | Meds
  • Recent Posts

    • Escaping the golden cage of traditional medical practice to find joy again [PODCAST]

      The Podcast by KevinMD | Podcast
    • Why pediatricians are key to postpartum depression screening

      Mikenna Reiser | Conditions
    • Prostate cancer genomic testing: a physician-patient’s perspective

      Francisco M. Torres, MD | Conditions
    • Why every physician needs a sabbatical (and how to take one)

      Christie Mulholland, MD | Physician
    • Retail health care vs. employer DPC: Preparing for 2026 policy shifts

      Dana Y. Lujan, MBA | Policy
    • Taiwan’s “Yi-Dong-Yang”: a preventive aging model for super-aged societies

      Gerald Kuo | 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...