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Updated: May 26, 2025

Using Visual and Narrative Methods to Achieve Fair Process in Clinical Care
Published on: February 16, 2011
[Ensuring the patient does not become an adversary-a "how to" guide for handling allegations of medical malpractice]
H Schülke1, C Süfke1, A J Gross2
1Konzernbereich Recht, Versicherungen & Compliance, Asklepios Kliniken GmbH & Co. KGaA, Hamburg, Deutschland.
Abstract:
If there is an allegation of medical malpractice, it significantly strains the physician-patient relationship. To avoid a conflict-ridden dispute with the patient, it is crucial to internally analyze the course of treatment. The legal focus is on whether the patient's complaints are attributable to medical misconduct or if they stem from an inevitable complication that is part of the treatment's risk spectrum. Additionally, the insights gained from the internal review help establish operating procedures and responsibilities. Open communication promotes the recognition of any misconduct and contributes to its prevention in the future. If medical malpractice is suspected, the competent departments should be informed early, and the documentation of the hospital treatment should be checked for completeness and plausibility. Moreover, a transparent explanation of the treatment course-regardless of fault-alleviates patient's fears and concerns, which can help to avoid potential conflict situations.
Insights
Allegations of medical malpractice strain the physician-patient relationship. Internal analysis, open communication, and transparent explanations are crucial for managing disputes and preventing future misconduct.
Area of Science:
- Medical Law
- Patient Safety
- Healthcare Management
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