Telephone triage liability: protecting your patients and your practice from harm

Area of Science:

• Medical Malpractice Law
• Healthcare Communication
• Patient Safety

Background:

• Medical malpractice claims present significant challenges for healthcare providers.
• Effective strategies are needed to manage and resolve these accusations efficiently.
• Categorization of claims can guide appropriate response protocols.

Purpose of the Study:

• To propose a framework for categorizing medical malpractice accusations.
• To outline distinct response strategies for each category of accusation.
• To improve outcomes in managing malpractice claims.

Main Methods:

• Classification of malpractice accusations into three distinct categories: true accusations (medical errors), false accusations, and imperfect calls.
• Description of recommended actions for each category, including out-of-court settlements, documentation sharing, and expert witness utilization.
• Analysis of typical case progression and resolution based on accusation type.

Main Results:

• True accusations of medical errors are often best resolved through out-of-court settlements.
• False accusations can frequently be withdrawn by the complainant when documentation and physician interpretation are proactively shared with the patient's primary care provider and family.
• Accusations of imperfect calls, comprising approximately 5% of cases, typically proceed to trial, where defense is often successful by demonstrating adherence to a reasonable standard of care using expert witnesses.

Conclusions:

• A structured approach to categorizing malpractice claims facilitates appropriate and effective responses.
• Proactive communication and documentation sharing are crucial for resolving false accusations.
• Demonstrating reasonable standard of care is key to successful defense in imperfect call cases.