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:

1. 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.
2. 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.
3. 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:

1. Missed appointments
2. Disproportionate distress
3. Hostile remarks to others (your office staff, receptionist, scheduler, et al)
4. 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.