Don't Get Sued!
During my 2 years attending graduate school in the University of Utah Family Nurse Practitioner program I remember hearing the phrase about being sued, "it's not a matter of IF but WHEN." This has always worried me, especially now that I am a business owner.
I have good medical liability insurance, but the thought of being sued is scary. A suit can lead to loss of income, increased stress, lack of sleep, and higher insurance rates, among many other worries. In the 4 years of being a nurse practitioner, I have never been sued (knock on wood). The following is a list I try to adhere to, which helps reduce the chances of getting sued.
- Be Nice. Very few people sue their friends. This doesn't mean you have to buddy up with each of your patients, but just be kind and show compassion. Patients know when you are in a hurry with them, annoyed at something, or treating them like a paycheck. If you show them that you genuinely care about them, they will feel it.
- Be Honest. If you make a mistake, promptly admit it. We are human and will make mistakes. If you lie to a patient or try to cover something up, they can tell. However, if you always tell the truth, they will understand.
- Be Open. Sometimes I'll tell a patient, "I don't know" or "I'm not sure and need some help on this." Don't try to be a specialist in areas you really aren't.
- Be a Team Player. When you are unsure of a diagnosis or procedure, don't be afraid to ask help. Have a network of other practitioners to call on if you have a question. Don't be afraid to call and consult with a specialist. Hire a physician consultant to refer patients to. Never get caught doing things you are unsure doing. If you feel nervous treating a condition, doing a procedure, or prescribing a certain medication, then don't. Refer the patient or consult with someone until you feel proficient at the task. Several practitioners have a rule that they will see a patient a three times. If they are comfortable with the condition they will continue treatment, if they are unsure about the diagnosis, treatment, etc. they will refer them on. Don't let a patient's true diagnosis go undiscovered.
- Be Wary of any Drug Treatment. If you are not familiar or proficient with a medication that a patient needs, don't prescribe it until you are comfortable with treating the patient with that medication.
- Be Present. If you are distracted, tired, or mentally in Hawaii, don't treat a patient or do a procedure that can turn out bad. The best way to prevent injury or problems is to be physically, mentally, and emotionally prepared.
- Obtain Informed Consent. If you ever do a procedure that could have a negative outcome, obtain consent from the patient and explain completely the procedure, expected outcome, potential risks, and alternatives to the proposed care.
- Chart Well. If you are nervous when an insurance company asks to review a chart, you probably could do better. Take a couple extra minutes after each patient to quickly prepare the chart. Don't wait until the end of the day when you have forgotten to add in essential information. Chart what you do when you do it and you should be fine.
These are eight of the steps I take to reduce my own liability. Will they prevent a suit against me or my clinic? NO, but they will help me sleep well tonight and even in the advent that I ever get sued.