Best Practices for Avoiding Medical Malpractice Lawsuits

Medicine is not an exact science, but it is subject to the variability of the moment, so it is not exempt from the possibility of making mistakes that end in a lawsuit. Below we talk about practices that can be implemented in an organization or medical service to minimize the risks of negligence.

The main objective of a doctor is to provide his service of medical care to the sick to contribute to the recovering your health. At present, within the ethical principles of medical practice, is indicated in the term “principle of beneficence”, which consists of promoting patient benefit as a fundamental purpose, implying the principle of “non-maledicence”, that is, to avoid any action that could cause harm.

La medical care must have the following components:

• Be timely and patient-centered
• Meet the patient's health needs and expectations.
• Quality, safety, effectiveness, efficiency and fairness.
• Patient satisfaction and staff satisfaction.
• Build on the ongoing training and updating of staff.

But what happens when these principles are not met?

Medical Negligence

The concept of medical negligence is defined as a malpractice or error performed by a doctor or health care professional, who puts the patient's life at risk.

Engage in a good doctor-patient communication is essential for establishing a good relationship. In the same way, the patient is allowed to express himself and Trust in the health personnel who care for him. Often a good communication can prevent negligence lawsuits.

La preventable medical negligence corresponds to situations such as error or delay in medical treatment, diagnostic failures, lack of informed consent, lack of training, birth injuries or obstetric malpractice, surgical errors, failure of medical equipment, inadequate supervision or continuation of treatment, lack of teamwork or communication, subsequent fractures, infections or injuries, including intentional injuries.

La non-preventable medical negligence corresponds to situations such as unknown or also known allergic reactions, such as adverse events.

Recommendations for Preventing a Medical Malpractice Lawsuit

Here are some recommendations to minimize the risks of lawsuits in your daily practice:

• Continuing medical education and training. It is a good recommendation to choose advanced courses that guarantee the capacity of the staff, as well as refresher courses on specialized subjects.

• Medical documentation adequate, clear and precise. It should be remembered that the medical history is a medical-legal instrument in which absolutely all patient information is recorded. These documents must include informed consent where the patient authorizes medical intervention after the doctor has informed him of the entire procedure, the risks and benefits in a free, voluntary and conscious way.
  
• To start a good communication doctor-patient. This aspect is essential to establish a pleasant and trusting relationship with the patient and his family.
  
• Apply health care guides in daily clinical practice.
  
• Buenas working conditions. This includes a balance in the workload of all staff.
  
• Have permanent visibility and understanding of the possible andadverse effects of any treatment, therapy, medical device, and so on.

10 recommendations to prevent medical error, malpractice and professional liability

Here are other practical tips and recommendations that will help reduce the risks of facing a lawsuit.

1. Count on the university degrees and accreditations corresponding that support:

• University degree and diploma duly registered with the competent authorities of all the staff.
• Professional and/or specialist certificate for all staff.
• Certification by the Council of the corresponding Specialty.
  

2. Maintain a high level of competition through the continuing medical education, updates and certifications.
   
3. Grant comprehensive health care, with opportunity, professional competence, security and respect for the ethical principles of medical practice.
   
4. Sustain the professional competence in the availability of current medical knowledge, in the skills required to carry out the procedures and in the development of experience for solving complex problems.
   
5. Refer the patient with another doctor, to the medical unit or to the appropriate level of care, when the necessary elements are lacking to provide care with the necessary quality and safety.
   
6. Support the decisions to be taken by medical personnel with the available evidence.
   
7. Stick to the measures of Security and risk prevention for patients.
   
8. Consult and use the Clinical Practice Guidelines.
   
9. Count on clinical record for each integrated patient in accordance with the Official Mexican Standard NOM-168-SSA-1 of the Clinical Record and related official provisions.
   
10. Justify in the clinical record the decisions that are taken, especially when they are not based on current regulations.

In general, the best practice is to ensure that an appropriate medical practice is managed under legal guidelines, as well as a medical training You will continue to increase your knowledge in your field with a high level of competence. All of this can protect an office, office or clinic from experiencing events such as a negligence lawsuit.

References

• Medical Negligence. Dave Abels. Medical Malpractice Lawyer in Chicago.
• Carrasco Vera, Oscar. How to Prevent Alleged Medical Malpractice Claims. La Paz Medical Journal, vol.22 no.2, 2016.
• Preventive measures to avoid incurring medical negligence. Atlas Lawyers.
• Germán Fajardo-Dolci, Germán and Meljem-Moctezuma, José. “Recommendations to prevent medical error, malpractice and professional liability.” CONAMED Magazine, 2012.