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

The malpractice risk of high deductibles

Kevin Pho, MD
KevinMD
November 7, 2011
Share
Tweet
Share

As the cost of health insurance rises, patient deductibles are getting bigger.

More doctors are reporting that patients are coming in less frequently for chronic care followups, skipping medication refills, or balking at the out of pocket costs for various tests.

Sometimes, however, this can get physicians into trouble.

I was reading through a copy of Massachusetts Medical Law Report, and saw this story of a primary care physician who was sued for not offering colon cancer screening:

A 65-year-old man was belatedly diagnosed with cancer of the sigmoid colon, which caused his premature death.

From 2002 through 2006, he was a patient of the defendant. It was undisputed that during this time, the defendant neither offered nor performed a complete physical exam, including but not limited to colon rectal cancer screening.

In June 2006, the patient presented to the hospital with complaints of abdominal pain for the past several hours and no bowel movement for several days. An abdominal pelvic ultrasound showed free air, while a CT scan confirmed free intraperitoneal air consistent with a perforated bowel.

The patient was taken to the operating room emergently and underwent exploratory surgery, which detected the stage IIIB colon cancer. The disease was later found to have spread to his lungs. His condition deteriorated and he died in April 2007.

A tragic case, for sure.

But further down the article revealed the reasons why the physician didn’t offer screening:

[The physician] claimed that the patient was only seeing him for blood pressure checks, and did not want a “full PCP.” He was a private-pay patient and had declined any further medical services.

The case settled prior to trial for $1.5 million.

Unfortunately, this scenario is sure to rise as both the cost of health insurance and the unemployment rate rises. More patients may be willing to put off that colonoscopy if it’s not covered by insurance.

Doctors need to explain the risks of skipping these tests, and follow through on whether they’ve been performed, or not.

ADVERTISEMENT

Just as important, if the patient declines age-appropriate screening tests, that needs to be documented in the chart, along with whether the patient understands the medical ramifications of their decision.

Kevin Pho is an internal medicine physician and on the Board of Contributors at USA Today.  He is founder and editor of KevinMD.com, also on Facebook, Twitter, Google+, and LinkedIn.

Prev

Embarrassment is one reason why men don't see the doctor

November 7, 2011 Kevin 17
…
Next

Personal responsibility in promoting individual health

November 7, 2011 Kevin 3
…

Tagged as: Malpractice, Oncology/Hematology, Primary Care

Post navigation

< Previous Post
Embarrassment is one reason why men don't see the doctor
Next Post >
Personal responsibility in promoting individual health

ADVERTISEMENT

More by Kevin Pho, MD

  • Surgeon General’s warning: the dark side of social media on children’s mental health

    Kevin Pho, MD
  • Unmasking wage disparity in health care: the truth behind the Elmhurst Hospital physician strike

    Kevin Pho, MD
  • Is FDA-approved Veozah a game-changer in menopause hot flash treatment?

    Kevin Pho, MD

More in KevinMD

  • The Spandex dilemma: Does size still matter?

    Janet L. Cray
  • Surgeon General’s warning: the dark side of social media on children’s mental health

    Kevin Pho, MD
  • Unmasking wage disparity in health care: the truth behind the Elmhurst Hospital physician strike

    Kevin Pho, MD
  • Is FDA-approved Veozah a game-changer in menopause hot flash treatment?

    Kevin Pho, MD
  • Remembering Heather Armstrong: the tragic loss of the “Queen of Mommy Bloggers” sparks a global conversation on mental health

    Kevin Pho, MD
  • Celebrating 2 million downloads of The Podcast by KevinMD!

    Kevin Pho, MD
  • Most Popular

  • Past Week

    • The decline of the doctor-patient relationship

      William Lynes, MD | Physician
    • Rethinking cholesterol and atherosclerosis

      Larry Kaskel, MD | Conditions
    • The difference between a doctor and a physician

      Mick Connors, MD | Physician
    • Diagnosing the epidemic of U.S. violence

      Brian Lynch, MD | Physician
    • How new physicians can build their career

      David B. Mandell, JD, MBA | Finance
    • The courage to choose restraint in medicine

      Kelly Dórea França | Education
  • Past 6 Months

    • Rethinking the JUPITER trial and statin safety

      Larry Kaskel, MD | Conditions
    • The dangerous racial bias in dermatology AI

      Alex Siauw | Tech
    • When language barriers become a medical emergency

      Monzur Morshed, MD and Kaysan Morshed | Physician
    • The mental health workforce is collapsing

      Ronke Lawal | Conditions
    • The stoic cure for modern anxiety

      Osmund Agbo, MD | Physician
    • The hypocrisy of insurance referral mandates

      Ryan Nadelson, MD | Physician
  • Recent Posts

    • The courage to choose restraint in medicine

      Kelly Dórea França | Education
    • Carrier screening counseling must evolve

      Oluyemisi Famuyiwa, MD | Conditions
    • How a dying patient taught a doctor the meaning of care [PODCAST]

      The Podcast by KevinMD | Podcast
    • Why plain language isn’t enough for patients

      Hamid Moghimi, RPN | Conditions
    • Why it may be time to reevaluate your medical malpractice coverage

      MagMutual | Sponsored
    • Why medicine should be the Fifth Estate

      Brian Lynch, 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 17 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

    • The decline of the doctor-patient relationship

      William Lynes, MD | Physician
    • Rethinking cholesterol and atherosclerosis

      Larry Kaskel, MD | Conditions
    • The difference between a doctor and a physician

      Mick Connors, MD | Physician
    • Diagnosing the epidemic of U.S. violence

      Brian Lynch, MD | Physician
    • How new physicians can build their career

      David B. Mandell, JD, MBA | Finance
    • The courage to choose restraint in medicine

      Kelly Dórea França | Education
  • Past 6 Months

    • Rethinking the JUPITER trial and statin safety

      Larry Kaskel, MD | Conditions
    • The dangerous racial bias in dermatology AI

      Alex Siauw | Tech
    • When language barriers become a medical emergency

      Monzur Morshed, MD and Kaysan Morshed | Physician
    • The mental health workforce is collapsing

      Ronke Lawal | Conditions
    • The stoic cure for modern anxiety

      Osmund Agbo, MD | Physician
    • The hypocrisy of insurance referral mandates

      Ryan Nadelson, MD | Physician
  • Recent Posts

    • The courage to choose restraint in medicine

      Kelly Dórea França | Education
    • Carrier screening counseling must evolve

      Oluyemisi Famuyiwa, MD | Conditions
    • How a dying patient taught a doctor the meaning of care [PODCAST]

      The Podcast by KevinMD | Podcast
    • Why plain language isn’t enough for patients

      Hamid Moghimi, RPN | Conditions
    • Why it may be time to reevaluate your medical malpractice coverage

      MagMutual | Sponsored
    • Why medicine should be the Fifth Estate

      Brian Lynch, 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

The malpractice risk of high deductibles
17 comments

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

Loading Comments...