11 Aug 2022

65

How to Avoid Lawsuits

Format: MLA

Academic level: College

Paper type: Essay (Any Type)

Words: 334

Pages: 1

Downloads: 0

The risk of primary care physicians to be sued at one point or another during their practice is increasingly becoming inevitable. According to Serfozo and Mardell (2018) , physicians can be sued for diagnosis-related issues and medication-related errors. However, it is possible for physicians to mitigate the chances of litigation while improving the odds of favorable outcomes should litigation come knocking.

To evade litigation several factors have to be put in place to reduce cases of litigation in healthcare. First, it is important to communicate effectively. Studies point out that one of the best ways to avoid claims of malpractice is to build a healthy practitioner-patient relationship. Effective communication revolves around maintaining objectivity with the patient as well as family acknowledging and discussing potential outcome affecting issues ( Serfozo & Mardell, 2018) . It is paramount to document everything from care plans to consent on varying issues. It is critical to be realistic and transparent with the clients especially about medication, expectations for treatment, and follow up. Effectively communicating helps create understanding while reducing possibilities of legal suits.

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A professional insurance liability policy is critical in any profession especially the medical field. The policy should have a clear indication of the services that are covered and the excluded ones such that there is no limitation in areas of practice as well as fee and persons covered ( Serfozo & Mardell, 2018) . Additionally claims coverage should be well drafted such that there is coverage for written and verbal claims. It is paramount to ensure that no “hammer clause” is included noting that this would allow an insurance company the privileges of controlling the claims settlement. Being able to cover any claims that would arise from past services is significant thus making it necessary for the "extended reporting period" clause.

In cases of medical liability suits, there are numerous ways to put up a defense which include rejecting expert testimony given that the plaintiff is bound to find the most qualified expert possible to persuade the jury ( Serfozo & Mardell, 2018) . Additionally, reduction and damages elimination is paramount since a practitioner can only be liable to the extent that a patient was harmed by the mistake the practitioner made.

References 

Serfozo, K., & Mardell, J. (2018).  Personal Injury and Clinical Negligence Litigation 2018 . CLP Legal Practice Guides. 

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StudyBounty. (2023, September 16). How to Avoid Lawsuits.
https://studybounty.com/how-to-avoid-lawsuits-essay

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