Outpatient Surgery Magazine

Creative Ways to Save Money in the OR - May 2016 - Subscribe to Outpatient Surgery Magazine

Outpatient Surgery Magazine, providing current information on Surgical Services, Surgical Facility Administration, Outpatient Surgery News and Trends, OR Excellence and more.

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good relationship with patients. Why this happens It's clear that a physician should never lie, but frequently clinicians and facilities are bound by their malpractice insurance to avoid claim- ing any liability for medical mistakes. Medical malpractice insurance policies often contain a "coopera- tion" clause requiring providers to cooperate with their insurer's efforts to defend them against a claim. A common stipulation in this clause forbids the facility or provider from admitting liability to a harmed party. If they do, it could mean the malpractice insurer walk- ing away from the claim, leaving the provider at risk of financial and possibly professional ruin. To avoid breaking this clause, clinicians may dodge patient questions about what happened after an adverse event, commonly referred to as "deny and defend." But this leads to major problems down the line. Patients are disgust- ed with the lack of explanation for why they were harmed and it can lead to a "make them pay" mentality, where they'll file a suit just to get answers. These malpractice claims end up damaging the facility's and physician's reputations, not to mention they can drag on for years and impact everything from the provider's family life to their future quality of care. Developing a better way The system is starting to change. Some malpractice insurers are look- ing at moving to an early disclosure, early intervention claims model, where they encourage facilities and providers to disclose the incident, express sympathy and then quickly move to resolve the matter. Many states have passed laws that now protect physicians who express sympathy to patients, and encourage disclosure of adverse events. M A Y 2 0 1 6 • O U T PA T I E N TS U R G E R Y. N E T • 3 7

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