Steps on Warning
If you suspect vulnerability to a malpractice case, or some other reason to focus on a possible problem, there are steps you can take to mitigate it in the bud. The important point here is that you have much more opportunity early to document your good standards of care. After all care has stopped, there are many fewer options.
We discuss this in more detail on other pages, but here are some key points.
1) Sit down at a quiet time and review the records from the point of view of a subsequent remote record review. Look for the things that you believe will be issues. List them and shore them up.
2 ) If you're still taking care of the patient, improve your doctor-patient relationship. This takes time and communication, but it is worthwhile. Also make special efforts to deal with the problems, such as well-chosen consults, general family meetings, and fighting for insurance coverage. And no less important, look at the whole past history of the case carefully, including prior to your involvement. There can be surpising problems in past care, and frustration over that may be now pointed at you, in some emotional manner. Taking that into account and responding in a careful way can resolve the problem.
3) Consider how to make it clear in the records that you have strived to give the best care. This should not be excessive, but short and effective. For example: a documented meeting, a consultation on the case, a requested outside review of films and records from an expert, or an article that supports your approach are all helpful.
7) To find out if a case that worries you is filled, check the courthouse where your hospital is, where you live, and where the patient lives. It will almost certainly be filed in one of these jurisdictions. Usually anyone can walk in and check. Some places allow checking over the internet. Once it is filed, some months, often 3-4, can elapse before it is served, so this gives you a heads up. Filing can occur up to the statute of limitations expiration. But be aware that sometimes a judge can extend it. Lawyers do procrastinate to the last minute, and both lawyers and process servers make mistakes. Therefore be sure to understand the issues in serving in your area, because cases do fail on technicalities at this point.