Impact of Communication on Malpractice Litigation

Impact of Communication on Malpractice Litigation

Communication impacts the occurrence of malpractice litigation. The patient expects complete transparency when engaging a physician (Scott, 2018). Hence, the lack of communication prompts lawsuits, which also take time to resolve over communication challenges. Malpractice litigation is furthered by poor communication among physicians and with patients but can reduce if clear, timely, and sufficient details are availed.

Poor communication increases the occurrence of malpractice litigation. The patient resorts to litigation to get answers and enforce accountability when the physician is unresponsive (Scott, 2019). Equally, not disclosing the full details of a procedure is a litigation threat. The physician is expected to give all the relevant facts to the patient and timely. Without thorough information, the physician will be accused of fraud and unprofessional conduct. The patient’s anger, especially when the procedure fails, prompts litigation when the physician does not respond adequately. Lack of clear, timely, and honest communications causes litigation.

The patient’s case will also suffer if communication is insufficient. Cattabiani (2018) notes that poor documentation of the incident and blame-trading drag the case. There is insufficient evidence regarding the role of the practitioners in the malpractice. Further, the accusatory responses between the patient and the physician, and among the practitioners harden finding a resolution to the issue. It takes the case years to be resolved because of scanty and chaotic communication.

Among physicians, communication reduces malpractice. When physicians share their experience with patients and activities, the information proves invaluable in reducing future errors (Renkema, Broekhuis, & Ahaus, 2014). The fewer the failures, the lower the chances of litigation. When malpractice occurs, the physician also receives moral, ethical, and legal counsel to avoid prosecution. Communication reduces mistakes that lead to litigation.

Malpractice litigation is furthered by poor communication among physicians and with patients but can reduce if clear, timely, and sufficient details are availed. Failing to disclose the impacts of a procedure to the patient appropriately motivates the client to seek legal recourse. Finding a solution to the malpractice is also complicated when the evidence and details are lacking. Conversely, a shared experience among physicians keeps them informed on how to avoid litigation.

References

Cattabiani, M. (2018). Medical Malpractice Resulting From Communication Breakdowns. Ross Feller Cassey LLP. Retrieved from https://www.rossfellercasey.com/news/medical-malpractice-from-communication-breakdowns/

Renkema, E., Broekhuis, M., & Ahaus, K. (2014). Conditions that influence the impact of malpractice litigation risk on physicians’ behavior regarding patient safety. BMC Health Services Research, 14(1), 38. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3905283/

Scott, S. (2019). Strong physician-patient relationships improve care, ward off malpractice suits. American Academy of Pediatrics. Retrieved from https://www.aappublications.org/news/2019/07/23/law072819