Personal Application

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Chapter 10 Medical Staff Organization and Malpractice Physician–Patient Relationship

▸ PHYSICIAN–PATIENT RELATIONSHIP The following suggestions can help improve the physician–patient relationship

and decrease the probability of malpractice suits:

Personalized treatment. A patient is more inclined to sue an impersonal

physician than one with whom he or she has developed a good relationship.

Conduct a thorough assessment/history and physical examination that

includes a review of all body systems.

Develop a problems list and comprehensive treatment plan that addresses the

patient’s problems.

Provide sufficient time and care to each patient.

Take the time to explain treatment plans and follow-up care to the patient, his

or her family, and other professionals who are caring for your patient. Provide

a copy of each update to the patient.

Request consultations when indicated and refer if necessary.

Closely monitor the patient’s progress and, as necessary, make adjustments to

the treatment plan as the patient’s condition warrants.

Maintain timely, legible, complete, and accurate records. Do not make

erasures.

Do not guarantee treatment outcome.

Provide for cross-coverage during days off.

Do not overextend your practice.

Avoid prescribing over the telephone.

Do not become careless because you know the patient.

Seek the advice of counsel should you suspect the possibility of a malpractice

claim.

Maintain the patient’s privacy rights.

10/1/2020 Legal Aspects of Health Care Administration

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THE COURT’S DECISION

The Illinois Appellate Court held that the evidence was sufficient to support a determination that the defendant’s negligence caused the plaintiff’s pain and suffering.

Finally, defendant requests that we reduce the amount of the jury’s award. A jury’s award should not be disturbed on review as excessive unless it is shocking to the judicial conscience. (Altszyler v. Horizon House Condominium Association (1988), 175 Ill. App. 3d 93, 124 Ill. Dec. 723, 529 N.E.2d 704.) Plaintiff, a 29 year-old man with a family has suffered pain and restricted bodily movement for the past eight years. Moreover, based upon his life expectancy, he will probably continue to endure pain and suffering for the remainder of his life. Under these circumstances, we cannot say that the jury usurped its authority in determining this award.99