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Documentation key in lawsuits involving noncompliance
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SAN FRANCISCO — Patients who are not compliant with physician appointments and treatments are high risks for medical malpractice lawsuits, according to a presentation here at the American Glaucoma Society meeting.
Paul Weber, JD, a risk manager at the Ophthalmic Mutual Insurance Company, said 42% of glaucoma patients use their medications incorrectly. Additionally, nearly 60% of patients cannot identify the medication they are taking, and 30% to 50% of patients ignore or do not understand instructions for taking medications. This results in noncompliant patients who carry high liability risks.
According to Mr. Weber, it is difficult to defend for physicians in litigation for noncompliance, and documentation is the best approach to limiting risk.
He suggested implementing a written policy on compliance and developing a protocol for managing missed appointments. Additionally, if noncompliance continues, he said expectations should be verbalized to the patient. If the patient remains noncompliant, physicians should consider sending a letter to the patient’s insurance provider or, as a last resort, terminating the doctor-patient relationship.