Avoiding lawsuits: 90% explanation, 10% operation

Ten ways you can protect yourself from a malpractice suit.

It may be impossible to completely avoid lawsuits, but there are things every physician can do to minimize risk, according to Roberto Borrone, MD, who recently formed a medicolegal advisory committee within The Argentine Council of Ophthalmology.

First and foremost, he urges ophthalmologists to carefully explain every procedure, taking time to make sure patients have reasonable expectations.

“Surgery should be 90% explanation, 10% operation,” Dr. Borrone said. “Some patients go into the operating room like they are going to a shopping center. They feel this way because they were not properly informed of risk.”

Dr. Borrone, along with Omar Lopez Mato, MD, director of the Institute of Vision in Buenos Aires, described 10 steps to minimize the risk of a malpractice lawsuit.

Never cut corners in surgery or eliminate seemingly unimportant steps of a procedure in the interest of saving time.
Do not overmarket your practice. Keep patient expectations within reasonable limits.
Disclose as much information as possible. Do so as a physician, not as a businessman. Develop a comprehensive patient education program, which includes literature, videos and a question-and-answer session with a qualified health professional.
Maintain meticulous and complete medical records of every procedure.
When in doubt, consult.
Study exclusions and conditions of your malpractice insurance carefully.
Build on your own experience curve with the help of an expert colleague.
When consulting, do not criticize the work of a colleague in the presence of the patient.
Make sure the family of a patient is equally aware of the risks and possible side effects associated with a procedure.

For Your Information:

Roberto Borrone, MD, can be reached at Coronel Diaz 2333, Piso 2° D, 1425, Buenos Aires, Argentina; +(54) 11-4-801-5952; fax: +(54) 11-4-802-7430; e-mail: rborrone@intramed.net.ar. Dr. Borrone has no direct financial interest in any of the products mentioned in this article, nor is he a paid consultant for any companies mentioned.

Omar Lopez Mato, MD, can be reached at the Instituto de la Vision, Marcelo T. de Alvear 2261, Buenos Aires, Argentina; +(54) 11-4-827-7900; fax: +(54) 11-4822-8374; e-mail: lopezmato@sion.com. Dr. Mato did not disclose whether or not he has a direct financial interest in any of the products mentioned in this article or if he is a paid consultant for any companies mentioned.