Malpractice 101: Strategies for Defending Your Practice

Abstract

If you work in the medical field, you probably fear that someday you may be sued. Lawsuits are scary, and the process is intimidating. Lawsuits can take years to resolve. You may spend a significant amount of time reviewing records and imaging studies, meeting with insurance claims investigators, risk managers, and your own lawyer. As the lawsuit progresses, you may have to give a deposition under oath. If there is no resolution of the matter, it will proceed to trial. The trial will typically last between 1 and 2 weeks, depending on the complexity of the issues involved. If you are named in the lawsuit, you are expected to attend the trial every day. You will gain a new respect for the jury system and will look at a jury summons in a whole new light. The purpose of this article is to help radiology nurses understand litigation, especially malpractice. Having this information will allow the radiology nurse to examine his or her own practice and assess if one can make small changes to everyday activities to improve the chances of successfully preventing or defending any malpractice suit and, more importantly, to improve patient outcomes. The rules governing litigation vary by jurisdiction. These are some general rules but, of course, your attorney will tell you what you need to know in your area.