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Q: I work in an emergency department. When I suspect a patient is litigious, I sometimes order tests even though they aren't really indicated. Insurance companies don't like it, but I think the test will protect me against lawsuits. Am I right? A: More isn't always better. Ordering unnecessary tests might even increase your liability. In a recent case, a patient went to the ER because of a headache. The physician took a thorough history and performed a physical. To "protect" himself, he also ordered a CT scan, which was negative. The' patient was discharged with an analgesic. Later that day, he was rushed back to the hospital in a coma and soon died. His family sued the doctor and hospital for failure to diagnose a subarachnoid bleed. The plaintiff's attorney argued that since the ER doctor was worried enough about the diagnosis to order a CT scan, he should have followed through with a lumbar puncture when the scan proved negative. The jury agreed. The case would have been easier to defend without the scan. The doctor "protected" himself into a defeat 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.  |