Ask Bill Bailey
Should I be fearful of reporting a potential incident?
Proactively reporting an adverse event or outcome to your insurance
carrier is generally without consequence. The carrier may (or may not)
open a file and assign you an attorney based on the seriousness of the
event. The advice of an attorney or risk management expert who work for
your carrier may help you avoid a lawsuit.
How will tort reform really help me as a doctor?
Tort reform will have an impact on physicians in several areas:
- Patients with minimal injuries will no longer be able to hold you
hostage due to the prospects of huge recoveries for pain, suffering
and emotional distress.
- The procedural rules are very complex and potentially dangerous
for less experienced plaintiff attorneys who frequently filed the
non-meritorious suits in the past. These claims and cases will be
significantly decreased in number.
- The caps on non-economic damages will decrease payouts by your
insurance company and prevent plaintiff attorneys from holding the
doctor hostage in defensible cases. This removes a huge weapon from
their arsenal: the threat of unlimited damages and potential ruin.
These and other changes will ultimately result in new high-quality
carriers like Medicus insurance entering Texas and usher in a new era
of competitive options for doctors.
What are some red flags that I can look for that could mean a
lawsuit is coming?
There are a number of things that can signal a potential claim is
imminent. These are a few of the most common:
- Missed appointments
- Disproportionate distress
- Hostile remarks to others (your office staff, receptionist,
scheduler, et al)
- A patient who is accompanied by relatives at a visit after
attending prior appointments alone
In future Q/A sessions I'll comment on some techniques that can be
employed when you sense a claim is forthcoming.
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