When lawyers talk about a Medical Malpractice case, the first thing on their mind is whether or not it qualifies, whether it is provable as malpractice. Just because there is a detrimental end result to a patient does not necessarily mean that there is basis for an allegation of malpractice. If the healthcare providers have not been negligent, not done anything that specifically caused harm, and or if they’ve acted the same way that most healthcare professionals would have under the same circumstances, then there is no valid case.
If only it were that easy. One malpractice expert states that “Malpractice can also be the result of a healthcare professional conducting his or her work while impaired by alcohol, drugs, or lack of sleep.” Just demonstrating a lack of sleep could be basis for a claim and judgement? Uh-oh. Half the industry and virtually every resident in the world could be convicted of that one.
Here’s another place to CYA: Placebos. They’re commonly used, and often effective. But what if they’re not? What if the patient’s complaint was a sign of a legitimate illness or injury? Prescribing a placebo, whether a truly neutral agent or a drug that’s relatively ineffectual and inappropriate for the complaint, could also open you up to a lawsuit.
When patient safety is given the first priority, it seems that is also the safest route for the healthcare professional as well. If you’re even remotely tired, ask for another opinion, and document that opinion. If you’re prone to prescribing placebos, you may want to disclose that to a patient when they first come under your care, via an aspect of your consent form. (Speak with your attorney about how best to do that.)
At the end of the day, all physicians and healthcare providers want the best for their patients. Taking a little extra time with these steps may keep you from being accused of Negligence. As a concerned independent broker of Professional Malpractice insurance, we here at Presidio want what’s best for you as well.