How to Avoid Medical Malpractice The health care system today can be overwhelming to the very patients it is designed to serve. As a patient, you may find yourself dealing with a primary physician, numerous specialists, multiple labs for testing, and hospital out-patient or in-patient facilities. In the midst of all these white coats, you are besieged and confused by the various opinions and health care choices you are given. After navigating as best you can through such a whirlwind, it is not unusual to emerge with doubts. Did I make the right decision…to have surgery, take this medication, undergo this test? Did my doctor do the right thing? Medical malpractice is an unfortunate fact of medicine. Examples range from the obvious, amputation of the wrong leg, to the less obvious, such as an avoidable complication. It is possible to protect yourself and your family from medical malpractice if you follow these general rules: 1. PATIENT-PHYSICIAN COMMUNICATION Effective communication between you and your doctor is essential to your health. If your physician is unable to listen to and understand your symptoms and complaints, he or she cannot provide you with the best possible care. Likewise, if your physician is unable or unwilling to satisfy any questions and concerns that you have, you will be unable to make informed health care decisions. If either of these circumstances is the case, go to another physician. 2. BE COMFORTABLE WITH YOUR PHYSICIAN Your doctor is able to care for you more effectively when you are comfortable. If you initially feel uncomfortable around a physician, attempt to find some common ground between you. Discuss your children or sports. If you continue to feel uncomfortable with your doctor, discuss your apprehension. Like many busy professionals, physicians sometimes become so caught up in meeting the demands of their schedule, that they forget to practice their bedside manner. But remember, doctors are healers by nature. By reminding your doctor that you have concerns and fears as a patient, you give the doctor an opportunity to focus on you as an individual. However, if attempts to discuss your discomfort fail, find a doctor with whom you are comfortable. 3. BE ABLE TO TRUST YOUR DOCTOR You must be able to trust your doctor. Your life could literally be in your doctor's hands. This is generally a "gut" feeling. If you don't trust your physician, go to another one. 4. BE FRIENDLY Doctors are humans too. If you are pleasant to your physician, your physician is more likely to see you as a person and not just another patient. 5. CONVEY AS MUCH RELEVANT INFORMATION AS POSSIBLE Your doctor can only work with the information you provide. You know yourself better than anyone else and you know what you are feeling. Tell your doctor. Give them specifics. If you think you may have trouble describing your symptoms, jot down notes as you experience them and bring them with you to your exam. Don't assume that they know. Inform your doctor what other medications you are on and what other doctors you are treating with even if it seems completely irrelevant to your present complaint. 6. FOLLOW YOUR PHYSICIAN'S INSTRUCTIONS When your doctor gives you instructions, follow them. If you have doubts about the instructions, ask your doctor. If you still have doubts, get a second opinion as soon as possible. 7. GET MULTIPLE OPINIONS Most people don't look only at one car when they buy a car. If your doctor is suggesting something major, get other opinions. There are many different specialties, procedures, and techniques in medicine. Doctors in different specialties have different ways to solve the same problem, and some methods may be better suited to you. 8. EDUCATE YOURSELF Research your medical condition. The Internet and your local public library are invaluable sources of information on medicine. In the final analysis, you are responsible for your health and have the most at stake. By taking an active role in your health care, you can make informed and confident health care decisions with the assistance of doctors whom you trust. Altom M. Maglio is an attorney in Sarasota, Florida. He is a former medical malpractice defense attorney and his current practice focuses on representing patients in health litigation, including persons injured as a result of medical malpractice. More information on this topic and other health law topics is available from his Web Site at
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