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Med Mal News

By ALM Staff | Law Journal Newsletters |
December 28, 2011

Study Tracks Emotional Consequences of Med-Mal Suits on Doctors

A study published online in the November 2011 issue of the Journal of the American College of Surgeons concludes ' no great surprise ' that American surgeons suffer emotional fallout when they are sued for medical malpractice. The results were culled from questionnaires sent to more than 25,000 members of the American College of Surgeons asking them whether they had been sued for malpractice within the two previous years and what their reactions had been. Nearly a third of the doctors responded, with a quarter of them reporting that they had been sued for malpractice within the relevant two-year period. Using the data they returned, the study's authors concluded that “[r]ecent malpractice suits were strongly related to burnout ', depression ', and recent thoughts of suicide ' among surgeons.” See study abstract, Balch, C.M., et. al, Personal Consequences of Malpractice Lawsuits on American Surgeons, J Amer Coll Surgeons, Volume 213, Issue 5, Pages 657-667, November 2011 (abstract at www.journalacs.org/article/S1072-7515%2811%2900978-1/abstract). The researchers also suggested that institutional and societal assistance would likely be of help to physicians experiencing the stresses brought on by becoming the subjects of medical malpractice lawsuits.

With More Tests, More
Failures to Communicate

Results of a study published in the Journal of the American College of Radiology (JACR) suggest that because physicians are ordering a greater number of diagnostic tests than in the past, the risk that medical malpractice claims based on failures to properly communicate test results is also going up. Gale, Brian D., et. al, Failure to Notify Reportable Test Results: Significance in Medical Malpractice, JACR, Volume 8, Issue 11, Pages 776-779, November 2011. When results are not relayed to the physician in a timely manner, treatment may be delayed or not given at all, sometimes leading to worsened patient outcomes. To combat the problem, the study's authors suggest that healthcare organizations put in place well-defined policies concerning how results will be provided to physicians, and by whom. One option is the newer semi-automated critical test result management systems now available to healthcare providers. Not only can these improve the notification process, and thus patient care, say the study's authors, but the records they generate can also serve as a concrete history of the notification process in each case in the event of a medical malpractice claim.

Study Tracks Emotional Consequences of Med-Mal Suits on Doctors

A study published online in the November 2011 issue of the Journal of the American College of Surgeons concludes ' no great surprise ' that American surgeons suffer emotional fallout when they are sued for medical malpractice. The results were culled from questionnaires sent to more than 25,000 members of the American College of Surgeons asking them whether they had been sued for malpractice within the two previous years and what their reactions had been. Nearly a third of the doctors responded, with a quarter of them reporting that they had been sued for malpractice within the relevant two-year period. Using the data they returned, the study's authors concluded that “[r]ecent malpractice suits were strongly related to burnout ', depression ', and recent thoughts of suicide ' among surgeons.” See study abstract, Balch, C.M., et. al, Personal Consequences of Malpractice Lawsuits on American Surgeons, J Amer Coll Surgeons, Volume 213, Issue 5, Pages 657-667, November 2011 (abstract at www.journalacs.org/article/S1072-7515%2811%2900978-1/abstract). The researchers also suggested that institutional and societal assistance would likely be of help to physicians experiencing the stresses brought on by becoming the subjects of medical malpractice lawsuits.

With More Tests, More
Failures to Communicate

Results of a study published in the Journal of the American College of Radiology (JACR) suggest that because physicians are ordering a greater number of diagnostic tests than in the past, the risk that medical malpractice claims based on failures to properly communicate test results is also going up. Gale, Brian D., et. al, Failure to Notify Reportable Test Results: Significance in Medical Malpractice, JACR, Volume 8, Issue 11, Pages 776-779, November 2011. When results are not relayed to the physician in a timely manner, treatment may be delayed or not given at all, sometimes leading to worsened patient outcomes. To combat the problem, the study's authors suggest that healthcare organizations put in place well-defined policies concerning how results will be provided to physicians, and by whom. One option is the newer semi-automated critical test result management systems now available to healthcare providers. Not only can these improve the notification process, and thus patient care, say the study's authors, but the records they generate can also serve as a concrete history of the notification process in each case in the event of a medical malpractice claim.

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