How To Lower Your Risk of Malpractice Lawsuits

Updated on August 28, 2024
A stethoscope with a red tube coiled around the handle of a wooden gavel. Both objects rest on a brown stone surface.

Malpractice lawsuits are unfortunately common and can have devastating effects on healthcare facilities, both financially and reputationally. Therefore, understanding how to lower your risk of malpractice lawsuits is crucial for any healthcare facility owner or manager. Read on to explore some key strategies that will simultaneously improve the patient experience and lower your risk of a lawsuit.

Be Extremely Transparent and Communicative

Communication is the bedrock of trust in any healthcare setting. Ensure your staff establishes open and honest communication with patients. Clear discussions about treatment plans, potential risks, and outcomes help manage patient expectations and can prevent misunderstandings that could lead to lawsuits. This communication is part of upholding the standard of care, meaning its importance extends beyond simply avoiding malpractice claims.

Put It All in Writing

Documentation is your saving grace if you get saddled with a lawsuit because it can prove your innocence. For example, if a patient claims they weren’t informed of the risks of a surgery, your facility can provide the consultation notes and documentation proving otherwise.

Furthermore, when patients feel that their concerns are documented accurately, it enhances their trust in your institution and decreases the likelihood of legal disputes.

Have Thorough Vetting and Hiring Practices

Healthcare is a high-risk profession that you must hire reliable, expertly talented individuals for. Otherwise, you risk your employees neglecting important aspects of patient care and thereby initiating the grounds for a malpractice lawsuit.

So invest time in your hiring process. Implement rigorous vetting procedures to ensure your staff possesses the necessary qualifications and experience. Background checks, reference checks, and thorough interviews can help you hire strong candidates who align with your facility’s values.

Invest in Continued Education for Staff

Healthcare is an ever-evolving field, so the last thing you want is for your staff to fall behind the times and treat patients with outdated methods as a result. Though your staff should be staying current on medical information on their own, you can guarantee it by hosting regular trainings and enforcing education courses. By fostering a culture of continuous learning, you empower your team to provide the highest standard of care, thereby lowering the risk of malpractice incidents.

Work With a Lawyer on Retainer

Even if you do everything to lower your risk of malpractice lawsuits, the unfortunate reality is that your facility will still likely receive them. That’s why it’s helpful to have legal counsel readily available. This allows your facility to navigate legal challenges effectively and provides legal guidance when it’s most needed. Additionally, by collaborating with a lawyer, you can create policies that align with regulatory requirements, further protecting your facility from lawsuits.

Malpractice lawsuits plague the healthcare industry, but you shouldn’t resign yourself to their inevitability. You and your expert staff should be meticulous in communication, documentation, and education. Additionally, working with a lawyer is an excellent layer of security to prevent or mitigate the damage of malpractice lawsuits. With effort, you can lower your risk and provide better care at the same time.