Archive for September, 2011

You May Be Exposed!

Friday, September 16th, 2011 by Administrator

Physicians and groups may have exposure to risks that their Medical Malpractice Insurance Policy doesn’t cover.  A growing trend with MedMal carriers is to include some coverage for additional risks traditionally excluded.  As an example, Medicus Insurance Company adds their Gold Advantage endorsement at no cost to all MedMal policies.  This includes coverage for HIPAA Violations, Medical Board Reviews, RAC Audits, and more.

But even if your policy includes coverage for these additional risks, it may not be enough.  The endorsements are a good start but they have low liability limits and sometimes high deductibles.  Some carriers do not include this type of coverage, and many specifically exclude these exposures.  So how do you protect your practice?

The best way to protect yourself and your practice is to purchase a separate Medical Defense Policy.  We now have access to the best program on the market.  Policies include $1M/$1M liability limits, zero or very low deductibles, Cyber coverage for loss of data and recovery costs, coverage for RAC Audits, Billing Fraud, HIPAA Violations, and EMTALA Violations.  Premiums are very reasonable for solo practices and large groups.

If you don’t have a Medical Defense Policy give your Keane representative a call, or send us an email and we’ll get you a free quote.

Good Physician-Patient Communication is Sometimes the Best Medicine

Friday, September 16th, 2011 by Administrator

It’s no surprise that the content of most physician Risk Management courses and seminars focuses on improving communication with patients.  This is because experts know that better communication between physicians and their patients reduces the likelihood of a medical malpractice lawsuit.  This fact has been proven again recently in a new survey of doctors and patients, which was commissioned by Capson Physicians Insurance Company.  They surveyed 200 physicians and 1,000 consumers to assess the value of physicians receiving patient feedback.

Most doctors agree that many malpractice lawsuits could be avoided altogether if patients had an opportunity to give immediate feedback about their experience and treatment.  According to the survey 70% of consumers said that good communication would help to reduce claims.  The survey verifies what we’ve known for years.  So if this is not new news, why does it deserve any new attention?  Why do the Risk Managers continue to harp on this same old subject?

The answer to that question is this:  Even if everyone already knows that better communication is important, in many doctors’ offices it is not a priority.  In a busy practice there is simply not enough time in a day to communicate with patients the way they would like to be.  As more and more patients are added to the U.S. healthcare system, the patient load at physician offices and hospitals will continue to increase, making communication even harder.  So what can you do in your office to help facilitate better communication?

There is no one easy solution, but here are a few suggestions:

Purchase and use an EMR/EHR system that works for your practice.  This will reduce paper work and free up your time for patient care.

Try using a computerized survey that patients take before leaving the office.  Capson Physicians Insurance Company offers Capson Care, which includes an iPad for use in the office.  You will know right away if someone is unhappy.

Slow down.  No matter how busy you are, take time to listen to your patients and make sure you’ve addressed their concerns.  Ask questions to find out if you covered everything and that they understand you.

Contact your Keane representative if you would like more information.  Most of our insurance carriers offer courses or seminars in Risk Management that could help you avoid claims in the future – they also give premium discounts if you take the course!

Does Saying Sorry Mean Liability?

Friday, September 9th, 2011 by Administrator

It seems like a common courtesy to say “I’m sorry” when someone is upset with you for some reason.  Like when you bump into to another shopper in line at the grocery store.  You might apologize even if it wasn’t your fault.  “Oops, I’m sorry, I didn’t mean to get in your way.”  A statement like that can make the situation a little less awkward when you both know that if the other person was paying attention it would have never happened.  Or how about the waiter that brings a steak out to the customer exactly the way he ordered it, but the diner has changed his mind or didn’t communicate properly, or didn’t understand that Medium Rare means pink.  A good waiter will do what?  Apologize!  “I’m so sorry sir, my fault, let me take that back and have it cooked more for you.”  Of course that is what you would expect from your waiter, or from a fellow shopper, or in almost any circumstance you can think of — except in healthcare.

Doctors Are Afraid to Say Sorry

Typically doctors and hospitals don’t apologize because they are afraid that, “I’m sorry” = medical malpractice claim.  Many physicians have told us that they were actually taught in training to never apologize for anything.  That may not be the norm, but it is a frightening fact.  But saying sorry doesn’t necessarily mean you are admiting guilt, does it?  When I tell a friend I’m sorry she lost her job, I’m not saying it was my fault.  I’m showing that I care about her as a friend, and I’m sorry she is unhappy.  Can that attitude work in medicine as well?

What Some are Saying

In an article entitled, “Saying ‘Sorry’ Pays Off for U.S. Doctors,” it’s reported that apologizing for a bad outcome can actually difuse a claim.  Sometimes that’s all patients want.  They just want to hear someone show that they really care and that they are sincerely sorry about what happened.  But some in healthcare are going a step further.   In some cases doctors and hospitals are admitting their mistakes and offering compensation to patients to avoid being sued.  According to the University of Michigan Health System, their claims dropped significantly when they started the practice of apologizing.  They just see it as common decency.

What Do You Do in Your Practice?

Obviously, physicians need to be careful about admitting guilt.  Let us know what your practice is.  Do you apologize when a patient is not satisfied with an outcome?  It would be a good idea to speak to a medical malpractice defense attorney to discuss the ramifications of saying sorry.  Contact your broker to find out what to do if a patient is upset and how  to avoid a medical malpractice claim.  In most cases you need to notify your broker or insurance carrier in the event of an incident that could become a claim.