Measures for Prevention of Lawsuits in Hospitals

Presented By-Bakul Arora

MHA 3rd Sem

What is a Lawsuit?

A process through which disputes are heard and settled.

Two parties, a plaintiff and a defendant, enter into a formal contest to persuade an impartial third party to accept their version of the dispute.

Who is involved in Lawsuits?

- Plaintiff – The individual who brings the lawsuit to court.

- Defendant – The individual whom which the complaint is being made against.

Medical Lawsuits

Negligence- Administrative- ProfessionalTypes:-• Simple• Composite• Gross• Contributory• Criminal

Malpractice- Birth-related- Early discharge- Medication errors- Misdiagnosis

ContractualCriminal

As An Administrator

Duty to know his lawful rights and responsibilities w.r.t the hospital staff, employees, patients and visitorsIt is necessary to have sufficient background and legal knowledge of hospital care in order to know when to seek Professional Legal Advise.

Vicarious Responsibility

Latin Phrase- “Respondent Superior”Means that let Superior be responsibleIt is the liability in the part of the administrator for the negligence of the hospital staff if he fails in adequate supervision and this over all responsibility of the administrator on the responsibility of the individuals.

Administration has to Ensure

Safety of patient & staff in all areas of hospitalControl of hospital infectionCleanliness & sanitationFlaw less building structureDrinking waterFire control measuresGuidelines for safe proceduresTraining & Motivation of employees

How to Reduce Legal Liability

Invest time in communicating with your patientsDiscuss risks and benefits in the clinic and document the discussionDo not change any recordsWrite legiblyDocument contemporaneously with treatment

Cont…

Read the entire chart, including nurses’ notesIf you are named in a lawsuit, notify your insurer immediatelyBe aware of and comply with professional standards and regulations

Prevention of Lawsuits

Following measures to prevent lawsuit-Ensure performance of administrative dutiesEstablishing a Legal Cell in the hospitalHospital professional & general liability InsuranceEnsure performance of professional dutiesAlternative Dispute Resolution Policy

Cont..

Establishing of Legal Cell in a hospital, may prove to be of immense help at time of taking decisions and preventive action against law suits.Malpractice Insurance is not a measure of prevention against law suits; however it forms an important safeguard and protective shield against lawsuits.

ADR procedure consist of Negotiation, Reconciliation, Mediation, Arbitration, Neutral Evaluation.They are extra-judicial in character.Hospital Administrator can adopt ADR techniques to avoid costly and lengthy legal procedures.

Measures

Develop good communication and rapport with patients and familySpend as much time on your contact with patient and family as you do managing the patient’s medical problem Maintain a good flow of information to the patient and family

Cont..

Make sure that colleagues treating the patient know what you have communicated, andSuggest they also maintain good communication with patient and family

Cont..

When complications happen (even if due to medical error)Discuss the event with the patient and her familyExplain ( in lay person’s terms)- what happened and why you believe it happenedAcknowledge how the patient and family must feel not how you feel!

Cont..

Help the family focus on what can be done to help the patient’s recoveryIf the complication was due to medical error-Have a plan for how to quickly compensate the patient

Duties for Professionals:

Duty to careDuty to undertake and give treatmentDuty to keep knowledge up–to –dateDuty to diagnose properlyDuty to attendDuty to informDuty to prevent infectionDuty to prescribe drugs correctly