A recent report in AAOS Now by Andrew D. Markiewitz, MD, discusses how physicians can identify which patients are more likely to sue and focus on mitigating risk.
Dr. Markiewitz reports:
• Uninsured patients don't necessarily sue more than others, in contrast with popular perception.
• Patients coming into the ED sue surgeons at a higher rate, but surgeons are often protected by states with Good Samaritan laws.
• Complicated and complex cases could lead to poorer outcomes, but surgeons can clearly define expected results and document discussions with patients to minimize risk.
• Unhappy patients are more likely to sue, and physicians can mitigate this risk through good communication and developing a positive rapport.
• When patients sue a physician's partner or group, surgeons can discuss the situation with the patient's insurance carrier before taking on their care.
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