WEEKLY BULLETIN: 20 FEBRUARY 2015

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A covenant of trust. “The goals of medicine as a profession dedicated to healing and caring of the sick in a dignified manner depend very much on a stable and trusting doctor-patient relationship…Adopting a patient centered philosophy in the doctor-patient relationship imposes the duty on doctors to do the utmost in caring for patients, and allows the sick to claim their right to humane and dignified care from doctors. As suggested in an editorial in Lancet a year ago, the terms “patient”, and not “customer” or “client” as some would advocate, best portrays this fiduciary nature of the relationship. Only by restoring the element of trust in this ageless patient-physician covenant, can the soul of the medical profession be restored and preserved regardless of technological and social changes in society”. The full article can be read at: http://www.uni-hildesheim.de/~beneke/WS03- 04/Thesen04.pdf. 10 Things You Want To Know About Medical Malpractice By Demetrius Cheeks Fact: According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S.—right behind heart disease and cancer. In <strong>20</strong>12, over $3 billion was spent in medical malpractice payouts, averaging one payout every 43 minutes. Alarming, right? But there are things that you can do to avoid becoming an unfortunate part of these statistics—to be your best health-care advocate. Jason Konvicka, a partner in the Virginiabased law firm of Allen, Allen, Allen & Allen, should know. Named as one of the state’s “Super Lawyers,” the seasoned trial attorney has won some of the largest personal-injury awards on record in the state, and recently secured the largest malpractice award in Virginia state court history. LearnVest sat down with Konvicka to discuss troubling trends in medicine and hear his advice on how people can lessen their risk of encountering medical malpractice. Jason Konvicka: Medical malpractice occurs when a health-care provider deviates from the recognized “standard of care” in the treatment of a patient. The “standard of care” is defined as what a reasonably prudent medical provider would or would not have done under the same or similar circumstances. In essence, it boils down to whether the provider was negligent. How do you determine if someone is the victim of medical negligence? A malpractice claim exists if a provider’s negligence causes injury or damages to a patient. However, experiencing a bad outcome isn’t always proof of medical negligence. Also, on occasion, health-care providers will inform a patient that the person has received negligent medical care from a previous health-care provider and—presumably in an effort at
complete honesty—will sometimes tell a patient that they, themselves, have made a mistake. Another motivating factor: A quick, honest “apology” might prevent a future claim, or provide an opportunity for a settlement without the need for litigation. Insurance companies typically want to settle with an injured person directly if they can, and this allows them to do so before the full extent of injuries are known, as well as preventing the injured person from hiring an attorney who could increase the settlement value of the claim through their representation. It’s vital to note, however, that the prosecution of medical malpractice cases—in addition to having a high likelihood of failure—can be extremely expensive, stressful and timeconsuming. It’s estimated that medical errors kill roughly <strong>20</strong>0,000 patients in the U.S. each year. Yet only 15% of the personal-injury lawsuits filed annually involve medicalmalpractice claims, and more than 80% of those lawsuits end with no payment whatsoever to the injured patient or their survivors. Consequently, most experienced medical malpractice attorneys will not pursue a case unless the injuries and damages documented in the records—after they’ve been reviewed by an expert in the pertinent specialty—are substantial and justify it. What should you do if you suspect that you’ve been subjected to negligent care? Is there a statute of limitations? Contacting a seasoned malpractice attorney should be the first step. A thorough review of the case details—this includes everything from securing pertinent medical records to interviews with the patient, family members and friends—should be conducted by the attorney to determine whether the case is actionable. Statutes of limitation—deadlines by which a lawsuit must be filed or be permanently barred—differ from state to state, as do the procedural requirements that must be met before a medical-malpractice lawsuit is filed. It’s always best to seek guidance from an attorney licensed in the state where the alleged malpractice occurred. What can patients do to lessen the likelihood that they’ll experience medical malpractice? Being proactive about medical care is undoubtedly the best step. Patients should do research to understand their health condition, and document their symptoms. They should ask health-care providers a written list of questions that they feel are important, and expect—indeed, demand—full and complete answers. It’s also critical not to allow yourself to be intimidated by the medical system. Speak up and advocate for your own well-being. If patients sense that something is wrong, they should tell—or ask—their health-care providers. Although it’s important to trust your doctor or nurse, it’s also important to listen to your body … and use common sense. Also advisable: Have a family member or friend accompany you on important visits to healthcare providers.
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WEEKLY BULLETIN: 20 FEBRUARY 2015

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