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Q:A factory worker examined for an insurer was exaggerating his disability, in my opinion. I wrote that in my report. Now he's suing me for defamation. Isn't there some protection against this kind of lawsuit? And should I report it to my malpractice insurer? A: In most states, there is protection. In a recent court case, a patient was seeking to recover his medical expenses and lost wages following an accident. Like you, his physician felt the patient was faking the extent of his injury. The insurance carrier denied the claim. The patient charged that the doctor's report defamed him and was widely circulated among the carrier's employees. An appeals court held that the report, based on an independent medical examination, wasn't subject to confidentiality laws and threw out the lawsuit against the physician. As long as you conduct a diligent examination and your report is fair, you should be protected. Most malpractice insurers will defend their policyholders against a defamation suit that arises from the practice of medicine, including insurance exams. But the carriers usually "reserve the right" not to pay damages. Lee Johnson has twenty-five years of experience in healthcare law, risk management, claims management, risk malpractice defense litigation and general counsel advice to hospitals and other health care providers. She lectures to physicians, hospitals, bar associations and medical societies; produces internet programs, self-study programs, videos and audiotapes on risk management and the defense of medical malpractice litigation; and writes numerous articles, pamphlets and books on risk management topics. She is a contributor on risk management for Medical Economics magazine. You can learn about her at website. Occ. Med. Central is growing every day. There is so much useful information on the web there is no way we can know nor find it all. That's where you come in. Don't feel limited by our current category list. If you find the item useful, then your colleagues will want to know about it. Click on the "Contribute" button to send us your contribution.  |