Malpractice Protection

The most cautious and conscientious doctor never knows when a disgruntled or scheming patient may sue him for malpractice. Although a doctor may be legally exonerated, his reputation inevitably suffers from the publicity. And the volume of such litigation, to the medical profession's .alarm, constantly increases. In Clinical Medicine & Surgery last week Dr. Isador Simon Trostler, Chicago roentgenologist, trotted out a few fundamental rules which, if scrupulously observed by doctors, he thought, might stem the tide of malpractice suits. Gist of his advice: P:Never under any circumstances promise a cure or use language which might be construed as such a promise.

P:Be careful of diagnoses, and when there is doubt refrain from "affixing a label."

P:When calling a consultant select one who knows more than you do.

P:In surgical cases, in unfamiliar surroundings, see that a careful count of all sponges is kept all the time, and be sure that the count is verified before closing the incision.

P:If an operation is to be performed, have the patient, or his guardian, give consent in writing, or verbal consent in the presence of a witness.

P:Collect your fees when they are due. It is a well recognized fact that many malpractice suits are started because physicians try to force payment from delinquent patients.

P:Do not become nervous. If things have gone wrong, do not inform the patient, his family or friends that an error has been committed. It is not necessary to misrepresent the condition, but it is easy to evade direct replies until you can determine the end results.

P:Terminate your relations tactfully with patients who seem contentious or litigious.

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