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Best Practices to Avoid Medical Malpractice Lawsuits

Best Practices to Avoid Medical Malpractice Lawsuits

10 recommendations to avoid medical negligence, medical error, malpractice, and improve professional accountability in your practice.

By Eden Experts

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Medicine is not an exact science: it is subject to the variability of the moment, so it is not exempt from errors that could ultimately result in a lawsuit. Below, we discuss practices that can be implemented in a medical organization or service to minimize the risks of negligence. 

The primary goal of a physician is to provide medical care to patients in order to contribute to the recovery of their health. Today, among the ethical principles of medical practice, the term "principle of beneficence" refers to promoting the patient's benefit as a fundamental purpose, implicitly including the principle of "non-maleficence," that is, avoiding any action that could cause harm.

The 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 equity.
  • Patient satisfaction and staff satisfaction. 
  • Be based on ongoing staff training and updating. 

But what happens when these principles are not met?

Medical Negligence

The concept of medical negligence is defined as malpractice or an error committed by a physician or healthcare personnel that puts the patient's life at risk. 

Establishing good physician-patient communication is essential to building a good relationship. Likewise, it allows the patient to express themselves and trust the healthcare personnel treating them. Good communication can often prevent negligence lawsuits.  

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

Non-preventable medical negligence corresponds to situations such as unknown or known allergic reactions, as in adverse events. 

Recommendations to Prevent a Medical Negligence Lawsuit

These are some recommendations to minimize the risk of lawsuits in your daily practice:

  • Continuing medical education and training. It is a good recommendation to choose advanced courses that validate staff competence, as well as updates on specialized topics.
  • Medical documentation that is adequate, clear, and precise. It should be remembered that the medical record is a medico-legal instrument in which absolutely all patient information is recorded. These documents must include informed consent, whereby the patient authorizes the subsequent medical intervention after the physician has explained the entire procedure, its risks and benefits, in a free, voluntary, and conscious manner.
  • Establish good communication between physician and patient. This aspect is essential to building a pleasant, trusting relationship with the patient and their family.
  • Apply medical care guidelines in daily clinical practice.
  • Good working conditions. This includes a balanced workload for all staff.
  • Maintain ongoing visibility and understanding of the possible adverse effects of any treatment, therapy, medical device, etc.

10 Recommendations to Prevent Medical Error, Malpractice, and Professional Liability

Below are additional practical tips and recommendations that will help reduce the risk of facing a lawsuit.

  1. Hold the corresponding university degrees and accreditations that support:
  • University degree and diploma duly registered with the competent authorities for all staff.
  • Professional license and/or specialist certification for all staff.
  • Certification from the corresponding Specialty Board.
  1. Maintain a high level of competence through continuing medical education, updates, and certifications.
  2. Provide comprehensive medical care with timeliness, professional competence, safety, and respect for the ethical principles of medical practice.
  3. Base professional competence on access to current medical knowledge, the skills required to perform procedures, and the development of experience in solving complex problems.
  4. Refer the patient to another physician, medical unit, or level of care as appropriate when lacking the elements necessary to provide care with the required quality and safety.
  5. Support the decisions made by medical staff with the available evidence.
  6. Adhere to safety measures and risk prevention for patients.
  7. Consult and use Clinical Practice Guidelines.
  8. Maintain a clinical record for each patient, compiled in accordance with the Norma Oficial Mexicana NOM-168-SSA-1 on Clinical Records (Mexican Official Standard) and related official provisions.
  9. Justify in the clinical record any decisions made, especially when they are not supported by current regulations.

Overall, the best practice is to ensure that a proper medical practice is managed under the applicable legal guidelines, along with ongoing medical training that will expand your knowledge in your field with a high level of competence. All of this can protect a practice, office, or clinic from experiencing events such as a negligence lawsuit.  

References