Reducing Medical Litigation: Important Tips for Surgeons

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Learn how to reduce medical litigation as a surgeon by following key tips such as understanding laws, sticking to your expertise, staying updated with knowledge, and ensuring active liability policies. Discover the impact of medical litigation, common claims against surgeons, and the cost implications. Expert insights shared by Consultant Bariatric Surgeon Hazem Al Momani.

  • Medical
  • Litigation
  • Surgeons
  • Tips
  • Liability

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  1. Reducing litigation: Practice Behaviours Hazem Al Momani Consultant Bariatric Surgeon Head of Weight Management Unit NMC Royal Hospital Abu Dhabi, UAE

  2. Case Mix 1% 21% LSG RYGB 19% 61% Revisional LAGB

  3. Disclosure Received honoraria and participated in Advisory Board meetings: Johnson & Johnson / Ethicon Medtronic Novo Nordisk Ezisurg Medical Vector Medical Algorithm

  4. It is only a matter of time!!!

  5. Medical Litigation: Cost The NHS paid 2.4bn ( 2.8bn; $3.1bn) in clinical negligence claims in 2018-19 This sum equates to about 2% of the entire budget for the NHS in England 83.4bn set aside to account for future claims US Department of Health and Human Services (1990 - 2020): $151,674,570,000

  6. Medical litigation: Speciality Claims against General Surgeons are the third commonest ones Claims against General Surgeons have the highest compensation rates

  7. Tip #1: Know the Laws of the Land Familiarise yourself with the rules and regulations of the place you practice within Make sure all your paperwork is in place (Physician, Hospital, Clinic ) Always follow the standards set by your hospital, regulatory body

  8. Tip #2: Stick to what you know Deliver treatments/service according to your ability and expertise Don t be a maverick Back up any care you deliver with supportive evidence to demonstrate your competency/knowledge

  9. Tip #3: Keep your knowledge and skills up to date

  10. Tip #4: Make sure that your medical liability policy is active

  11. Tip #5: Build a good relationship with your patients Happy patients are less litigious patients Be transparent and keep your integrity Show Empathy Always involve the patient (and any one the patient wants) with the decision making

  12. Tip #6: Communicate clearly Use written and visual educational material Keep these material up to date Give patients/families space to ask questions Always follow up with your patients/their families

  13. Tip #7: Build a good relationship with colleagues

  14. Tip #8: Document, document, document If it is not documented, it never happened Make sure that your documentation is accurate and done in a timely manner Never alter medical records

  15. Tip #9: Beware of electronic medical records Check, check, check and double check

  16. Tip #10: Park your ego aside Seek help at an early stage Involve other colleagues in the management and care delivered to your patient whenever the need arise If you don t know: ASK!!

  17. Tip #11: Seek legal advice early on

  18. Tip #12: Always be prepared to apologise Genuine apology and expression of sympathy and acceptance of the error by the doctor encourage patients to be more forgiving Many US states now have physician apology laws that enable a doctor to make an apology without being concerned about it being used against him/her later in a medical malpractice suit Take responsibility for your actions/decisions

  19. Tip #13: Always reflect on your experience Turn your experience into a learning opportunity to yourself and other colleagues Present your experience in departmental meetings, M&M meetings or other educational meetings: This show professionalism and sincerity Always ask for feedback: Medical and Legal

  20. Tip #14: Look after yourself/your team Healthcare Professionals are more likely to experience stress and anxiety during and/after litigations Behavioural changes after litigation: Defensive medicine Extra/unnecessary testing Patient selection More detailed documentation Role of management and Healthcare institutes

  21. Thank You!

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