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Malpractice suits are commonplace today. Some patients file lawsuits for any perceived inadequacy, but physicians can identify signs of litigious behavior.
Whether warranted or not, malpractice suits are commonplace in today’s world. Research from the American Medical Association found that 31.2% of physicians undergo malpractice suits during their careers. While many patients file lawsuits against physicians in response to obvious errors, some patients are litigious, looking for any reason to deem a physician inadequate or careless.
Thankfully, there are telltale signs that may indicate to physicians who amongst their patients are actively lawsuit-seeking. For instance, Kristen Fuller, MD, notes that patients who ask in-depth questions about a physician’s training and career may be fishing for information they can use against the physician later. Dr. Fuller recounted her experience with such a patient, in which she noticed something “off.” To avoid giving the patient any malpractice-suit ammunition, Dr. Fuller was exceptionally thorough when answering the patient’s questions and documenting the exam, which had uneventful findings. Although the patient never pursued legal action, this experience scarred Dr. Fuller, causing her to practice “defensive medicine”—making sure to protect herself while treating and meeting with patients. Unfortunately, litigious patients can seriously affect a physician’s emotional and mental well-being, given that the sheer fact of having one’s name in a lawsuit can bring on self-doubt and fear.
What to Watch Out For
Patients with an overflowing list of chronic medical problems could be litigious. According to Dr. Fuller, one potential red flag is when patients mention seeing a variety of specialists, bring multiple family members to appointments, and come armed with internet research on the nature of their condition. These combined actions might indicate that the patient seeks someone to blame for their illness. Physicians must work on balancing attentiveness to a patient’s laundry list of concerns with awareness of other patients whose appointments are scheduled that day. As such, Dr. Fuller suggests that physicians take time to answer questions, discuss a patient’s concerns, and schedule necessary follow-ups, all within a reasonable amount of time. If a patient feels that their appointment was not long enough, scheduling a follow-up allows the physician to address their concerns without impacting other patients’ time.
Despite the time a physician devotes to answering patient questions and addressing concerns, some patients ignore physician explanations. According to Dr. Fuller, these patients may be more inclined to file a malpractice suit, especially in the face of consent forms and impending procedures. As such, physicians need to take time to explain the situation carefully and ensure the patient comprehends it. Dr. Fuller suggests asking the patient to repeat the physician’s explanation to ensure that the patient heard and absorbed the physician’s words.
Other red flags noted by Dr. Fuller include patients who speak unkindly about other physicians, perpetually dissatisfied patients, patients who hop from doctor to doctor, patients who have been “fired” by other physicians, patients with a history of litigiousness, and patients who challenge a physician’s expertise. If a patient badmouths another doctor, Dr. Fuller suggests not joining in with criticism. Instead, the physician should redirect the conversation by acknowledging the patient’s frustration and expressing hopes for a more positive experience.
Likewise, Dr. Fuller recommends acknowledging the frustrations of perpetually dissatisfied patients and expressing hope for a positive experience at the current visit. If a new patient mentions prior appointments with a variety of physicians in the new physician’s specialty, this could indicate either a patient fishing for a particular prescription or diagnosis to file a worker’s compensation case or a patient seeking to file a lawsuit. If a physician’s new patient was “fired” by a former physician, Dr. Fuller suggests securing past medical records and contacting the former physician. Rather than discussing the details with the patient, physicians are best served focusing on developing a positive relationship with the patient as they move forward with visits and treatment.
Should a patient challenge a physician’s expertise, Dr. Fuller urges physicians to avoid getting defensive and instead focus on providing the patient with a collection of reputable sources to support the physician’s treatment recommendations.
