In
these litigious times, the practice of behavioral healthcare can be
scary and problematic. The key is that the plaintiff has the burden
of proving the case. That, of course, is of little consolation to the
practitioner (and insurer) with the obligation of defending the case.
The more defensible the case is, the harder it is for the plaintiff
to prove the case. The following are tips to making a potential lawsuit
more defensible!
1.
Never alter a patient record.
2.
Document patient interactions objectively.
3.
Document the rationale for each time you institute, modify, alter (change),
or discontinue the course of treatment (especially with medications).
4.
Be wary of treating patients by telephone without a follow-up office
visit as soon as possible. (Conversely, do not prescribe lengthy prescriptions
without a patient office visit).
5.
Always lock up prescription pads.
6.
Follow-up and document after missed patient appointments, especially
lengthy absences. Without the proper closure for terminating the physician-patient
relationship, the physician is at risk for any intervening events the
patient might experience, including suicide. Also, if the patient calls
after several months requesting additional medications, the physician
has better clarity on the boundaries of the relationship and the obligations
owed to the patient.
7.
Never cross boundary lines with patients, regardless of gender. This
includes, but
is not limited to, business relationships, social relationships, and
sexual encounters.
8.
Listen, with all five senses, to your what your patients are telling
you, a good (caring) bedside manner is still the best defense to being
sued.
At
some point in your career, you will encounter patients who are adept
at manipulating the threat of litigation as one more aspect of their
illness. Following these guidelines will help you sleep better at night.
The
information contained in the web site does not constitute legal advice.
For legal advice contact your personal attorney.
