APMA News - June 2011 - (Page 70)

Insurance Advisor By William F. Munsey, DPM Malpractice Issues QUESTION: A reader from Ohio writes, “Three major hospitals and a number of other treatment facilities are managed by OhioHealth in the central Ohio area. They have recently been distributing a seven-page document titled Important Information for Patients of OhioHealth. Much of the information is routine and would be familiar to most of you. The section titled Speak up: Be a Smart Patient demonstrates a current trend to encourage patients to take an active role in deciding issues related to their health care. My question: Is this trend motivating patients to seek malpractice relief if these details are not followed?” ANSWER: As a podiatric physician, you and your staff will want to be aware of the general instructions your patient receives from other sources. Rest assured that if you violate any of these instructions, you will supply a malpractice lawyer with information he or she will use to support the patient’s case. If you use the information to provide better service for your patients, it will help protect you from malpractice and ensure a more satisfied patient. QUESTION: A patient asked my opinion about her going to a foreign country to have a major medical procedure performed. This had nothing to do with her feet, and she was interested in my opinion. Obviously there is considerable money to be saved outside Filing a suit is very complicated and very expensive. Realistically, it is almost impossible to sue. the United States, and it appears there are a number of countries that have fine facilities staffed by US-trained doctors. She wondered if malpractice should occur in a foreign county, how it would be handled. Do you have any pertinent information? ANSWER: The January issue of Medical Tourism addresses that question by pointing out that almost everyone having a procedure performed in a foreign country is required to sign a very comprehensive release form regarding the dangers of the procedure should certain things go wrong. In addition, the patient must sign paperwork that states he or she agrees to bring any lawsuit that might occur in that country and not anywhere else. There are other legal protections for the hospital that make it very difficult to file a suit. Filing a suit is very complicated and very expensive. Realistically, it is almost impossible to sue. In other countries, lawyers do not offer their services on a contingency basis so the injured party would have to pay his or her lawyer up front at a rate of $100 to $200 or more per hour—and the process can go on for hundreds of hours. Your patient will want to take all the facts into consideration when making a decision as to what country in which to have her procedure performed. n Dr. Munsey can be reached at wfmunseydpm@ gmail.com. 70 APMA News June 2011 http://www.pinkuslab.com

Table of Contents for the Digital Edition of APMA News - June 2011

APMA News - June 2011
President’s Message
Contents
Stepping Up to Prevent Falls
State Advocacy Forum Focuses on Relationships
Patrick DeHeer, DPM: On a Mission
Affordable Care Act, One Year Later: Part Two
Updated List of Seal Holders
Annual Scientific Meeting Preliminary Program
Annual Scientific Meeting Registration Form
Annual Scientific Meeting Sponsors
Reimbursement
Members Who Know Media
Technofile
Young Voices
Small Business 101
CPME Update
New and Deceased Members
Worthy of Note
Affiliates Corner
Insurance Advisor
APMAPAC Update
Development Update
Classified Advertising
Dates to Remember
Advertising Index

APMA News - June 2011