physician-patient communication – Page 8 – watercress words by Dr Aletha

(previously posted under the title 6 reasons to sue your doctor-and how not to-conclusion)

The final reason to sue your doctor involves feelings ,which is more difficult to quantify and illustrate than the behaviors I have discussed before. Attorney Richard Baker tells physicians, “Don’t be afraid to face them (family of a patient with a bad outcome.) It’s important to let them know you understand how they feel. Compassionate gestures count.”

The best way for physicians and patients to work through their feelings about a bad outcome is to start out with a mutually respectful, cooperative relationship. Just like any other relationship, there may be times of disagreement; but these can and should be resolved with each satisfied that their viewpoint has been listened to and considered and are comfortable with the final decision.

mission trip in Mexico; photo by Brian Edgerton

More important than liking your doctor is feeling comfortable with their personality and communication style, respecting their knowledge and skill, and trusting that they will behave ethically and do what is in the patient’s best interest. Patients contribute to the relationship by respecting the doctor’s time, observing boundaries on the doctor’s personal life, and being financially responsible.

When you are unhappy with some aspect of your care, doctors prefer that you address the issue directly and respectfully; no one likes feeling attacked personally. A complaint should be as specific as possible and include what you think is the solution. If you find yourself feeling disappointed, frustrated, or angry at your doctor more times than not, don’t let the situation drag on or escalate. It’s time to admit that the relationship is not compatible and move on.

Here are some ideas on how to find a new doctor.

Here is a summary of the 6 ways patients can help stop medical malpractice suits:

Cultivate communication

Doctors need to do it better, and patients need to feel that their input is welcome and valued.
Understand what’s happening

Doctors need to explain information and patients should ask questions when they don’t fully understand
Credentials

Doctors need to stay current in their specialty certifications and licensure and patients need access to that information.
Follow up-

Doctors need to report all diagnostic results and patients need to receive them
Report problems-

Doctors need to know if anything irregular is happening and patient should report their observations without fear of retaliation
Establish rapport

Doctors and patients don’t need to be BFFs but should respect each other and show kindness and compassion. We all need it.

(previously posted under the title 6 reasons to sue your doctor-and how not to-part 1)

“Being sued for malpractice, especially for the first time, can be an unsettling and frustrating experience for a physician.”

(quote from attorney Richard Baker ,March 2015 issue of Medical Economics)

And stressful and unsettling for a patient, or patient’s family .

A medical malpractice lawsuit follows an adverse medical outcome – a missed or inaccurate diagnosis, an ineffective or harmful treatment, an unsuccessful surgery, an outcome that left permanent harm or at worst, death. Patients become upset and often angry, and assume that malpractice has occurred. They want to hold the doctor responsible , and want compensation for medical expenses, lost income, pain and suffering.

I don’t understand all the legal aspects of medical liability. But an unsatisfactory outcome may not mean poor care ; illness or injury can be so severe that any treatment is ineffective. Or there were multiple possible treatment options so the physician made a judgement call. But it may reflect some behavior on the part of the doctor, another healthcare professional, or even the patient that could have been avoided.

an ornate courthouse — Keep your doctor in the office, not the courthouse.

In the article, “YOU’VE BEEN SUED FOR MALPRACTICE-NOW WHAT?” Mr. Baker offers 6 common reasons for malpractice lawsuits, and what physicians can do to prevent them. In this series I look at them from the patient viewpoint- what you can do to avoid getting care that makes you want to sue .

When doctors and patients work together, patients will get care that is safe, satisfactory and successful.

1. FAILURE TO COMMUNICATE

Too often, physicians don’t listen to patient concerns or explain their diagnosis and treatment in terms they can understand. But it is also important for patients to communicate fully with their doctors.

Doctors know that some issues are uncomfortable for patients to discuss, like smoking, alcohol use, eating and sexual practices. But if you withhold information on sensitive subjects , you do yourself a disservice.

When a doctor treats you with incomplete or inaccurate information about your past and current medical history, the advice they offers may be incomplete or inaccurate also.

As embarrassing or uncomfortable as it may be, be open and honest with your physician about anything that affects your health- everything in your life, past and current. Your doctor won’t judge and needs all the information necessary to understand your health status.

If you don’t understand your diagnosis or treatment, ASK QUESTIONS.

Take notes, or ask your doctor to write down your diagnosis and instructions, or to suggest books or websites where you can get more information. With EHRs, (electronic health records) the office staff can print out information from your visit.

When available, use a patient portal to access your information online.

Here’s another post about effective communication with your doctor.

2. LACK OF TRULY INFORMED CONSENT

Informed consent means health care professionals must explain the benefits as well as the risks of any medical procedure so the patient fully understands it. When you sign the consent form, you say “I give permission for this procedure and I fully understand what might happen.” Ask questions before you sign and don’t sign until you are confident that you understand what will or may happen.

Here are suggestions on questions you should ask before making a decision and giving consent for surgery.

What to Ask Your Surgeon Before an Operation

Please review another post on this blog about communication with your physician.