Follow-up communication can help reduce malpractice claims

A research study in the Journal of the American Medical Association once pointed out that fewer than 3% of all hospitalized patients who suffered significant injury due to medical negligence filed medical malpractice lawsuits. Obviously, there are other factors besides quality of care involved in deciding to sue a doctor.

One key element in that decision is whether or not the patient has established a good rapport with his or her doctor.

"Patient and family dissatisfaction with care as well as interpersonal and communication problems are important determinants in decisions to initiate claims of medical malpractice," a report in Hospital Practice concluded.

A good relationship is so important that it may actually be the determining factor.

"Plaintiffs’ lawyers report that 70% of malpractice claims are brought because of physician-patient communication problems or as a result of the physician’s attitude," said Paul S. Sanders, M.D., and Debra L. McBride, R.N., J.D. in an article for Minnesota Medicine.

Researchers publishing in the Archives of Internal Medicine reviewed 45 malpractice cases and found that, in 71% of them, plaintiffs had a bad relationship with their provider. More than a third (31.5%) said they felt "deserted" by their doctors and nearly that many (29%) said they had trouble contacting the doctor directly. in 71% of the cases.

As one medical doctor noted in an article in the Charleston Gazette-Mail, “A lawyer once told me about the No. 1 defense to getting sued … “If the patient likes you and you screw up, they’ll be less likely to sue you.”

This is true for chiropractors and their patients as well, since a large percentage of malpractice cases occur only after the two parties have a disagreement unrelated to the quality of care, such as a billing dispute. Lawsuits and board complaints are far less likely to be filed by patients who enjoy a comfortable and friendly bond with their doctors.

A previous CBS Report, "Why do People Sue," discussed several important communication techniques that can help you establish that bond with patients, including:

Give patients your full, undivided attention.

Be aware of your nonverbal communication.

Apologize if you’re late for an appointment, or if there was any other problem associated with the patient's visit.

Train your C.A. and office staff to pay attention to patients and show them respect.

Learn to listen to patient complaints without reacting with anger or impatience.

Listen to them and learn from them.

Another proven technique for building a relationship with patients is to be conscientious about your follow-up contacts. By calling, writing or e-mailing patient after their visits or at the completion of a phase of their program of care, you show your interest in their well-being. If done in a friendly manner, contacting patients who miss an appointment will be seen as sincere concern, as will your inquiries about family members who may need chiropractic care as well.

Most doctors consider follow-up communication as part of their marketing program, and it is, in fact, an essential and effective method for increasing practice volume and patient retention rates. However, when done properly, the additional contacts have the added benefits of establishing an ongoing relationship with patients and decreasing the probability of malpractice lawsuits.

Although much of this follow-up communication can be handled by contact management software, an occasional handwritten note, birthday card, or other item that is clearly personal can avoid the appearance of "advertising." Pay particular attention to details such as the spelling or pronunciation of the patient's name!

"Rapport with patients gets hard look," by Joy Davia, Charleston Gazette-Mail, Dec. 1, 2002 .

"Physician-patient communication: A key to malpractice prevention," by Wendy Levinson, Journal of the American Medical Association, 272:1619, 1994.

"Malpractice Prevention: Good Doctor-Patient Communication," by Paul S. Sanders, M.D., and Debra L. McBride, R.N., J.D., Minnesota Medicine, February 1998/Volume 81.

"Reducing the Risk of Malpractice Claims" by Daniel M. Lichtstein, et al, Hospital Practice, July 1999.

Archives of Internal Medicine, June 1994.