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Handbook Contents

Introduction

Risk management

Insurance program

Legal system

Medical records

Incident reporting

Physician-patient

Informed consent

Infectious disease

Confidentiality

Patient's rights

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The Physician - Patient Relationship
Physicians who carefully listen to patients and comfortably share
medical information with them have discovered the cornerstone of the
art of medicine. A healthy physician-patient relationship can make a
difficult diagnosis more bearable for the patient. It can help a
resistant patient understand the need for a procedure or medication,
and allow the physician to develop a realistic plan for continuing
care. When a physician's relationship with a patient is marked by
mutual trust and open communication, he or she has taken a major step
towards the assurance of patient satisfaction.
Evidence shows that a clear, two-way conversation is a key element in
the prevention of patient dissatisfaction and malpractice claims. In
fact, many episodes of patient dissatisfaction triggered by an
iatrogenic injury or other "adverse outcome" can be defused by a
reasonable explanation from the physician who has established a good
basis for communication.
On the other hand, inadequate communication and misunderstanding are
often the inciting agent that transform a poor medical outcome into a
legal action against a physician, even when quality care was
delivered. Most studies show that a significant percentage of
malpractice lawsuits are ultimately resolved without any payment to
the patient. Many risk managers believe that a large number of these
malpractice cases could be avoided if physicians listened more
attentively to patients who experienced less than optimal or
unexpected treatment outcomes. Techniques for increasing patient
satisfaction through improved communication are now widely
recommended for malpractice claims prevention.
Recommendations for a
Healthy Physician - Patient Relationship
Risk management begins the moment a professional relationship is
established with a patient. The understanding by, compliance by and
satisfaction of any patient ultimately depend on oral and written
communication. The following general points will be helpful as you
build each physician-patient relationship. The result should be a
mutually rewarding experience for both the physician and patient.
- Introduce yourself to every new patient and describe your
relationship with other health care providers, such as students,
nurses, physician assistants, residents, fellows, consultants, and
the relevant attending, referring and primary care physicians.

- Address your patients appropriately and modify your greeting
as your relationship progresses. It is best to begin with formal
titles; then, if both sides are comfortable with doing so, shift
to something less formal. If possible, use a translator to help
communicate with patients who speak a foreign language with which
you are unfamiliar.

- Sit down close to the bedside, if possible, and make frequent
eye contact. Be attentive to the patient's non-verbal
communication. Offer your own encouraging feedback through
gestures and words.

- Begin with open-ended questions to allow patients to talk of
their symptoms, previous care, impressions of their prognosis, and
the role of family members in decision making. Focus questioning
to obtain specific information.

- Ask for the patient's expectations of your care. Involve the
patient and family (if the patient so desires) directly in the
care as much as possible.

- Limit the use of medical jargon. Relate information at an
appropriate level of understanding for the patient. Use pictures
and models to help explain complicated concepts.

- Provide emotional support to grieving, anxious, frightened, or
depressed patients. Reassure your patients that you will be
helping them throughout the course of their medical problems and
will be available to answer questions as they arise.

- Be punctual for meetings with patients and families.

- Avoid criticizing another physician's management of your
patient with words or gestures. The other physician may have had
different data and resources available at the time of initial
decision making. Medical problems usually appear more clearly when
viewed retrospectively. Malpractice cases have often been
precipitated by criticism of this kind and you may find yourself
an expert witness based on your comments.

- Never guarantee the outcome of a treatment, orally or in
writing. Prepare patients for any pain, discomfort, and disability
that they can reasonably expect from diagnostic and therapeutic
interventions. Make clear the necessity and effectiveness of
intervention if disability is the expected result. Document these
discussions.

- arise.

- Send a written summary of your findings and the medical plan
to your patient's primary physician following a hospital stay or
major office visit. When multiple clinicians are involved, clearly
delineate roles among the parties and convey this to the patient
in a manner that will facilitate coordination of patient care.

- When it is necessary to discuss fees, be open and frank
concerning the cost of care. Where appropriate, help educate
patients concerning today's often confusing health care system.
You might consider providing an estimate of the cost of an
anticipated course of therapy or operation. However, be careful
not to make representations of the prospective cost of
hospitalization or other services not within your control.

- Be aware of the state and federal laws regarding health care
law for your patient population. Information on childhood
vaccinations, prenatal nutrition programs, Medicare benefits, and
other topics are vital for proper care of your patient.

- Be sure your office staff and answering service treats the
patient with courtesy and consideration.
Frequently Asked Questions
About The Physician - Patient Relationship
Question:
When a patient is difficult, non-compliant or otherwise incompatible,
and a physician believes that he or she cannot continue to provide
care within these constraints, what is the best way to go about
terminating the physician-patient relationship?
Answer:
The instances of the patient's non-compliance and difficult or
disruptive behavior should have been noted contemporaneously with
their occurrence in the patient's medical record. Once a physician
has made the decision that the relationship will be terminated, the
reasons for the decision should also be noted in the medical recor\.
Always attempt to meet with or speak with the patient (and family
members, if appropriate) to inform them of your decision, explain the
reasons for it, and to answer any questions the patient may have.
It is recommended that you notify the patient in writing, both by
certified and regular mail, of your decision and the specific
professional reasons for terminating the relationship. This should be
done even if you have met with the patient. The following should be
included in the letter:
- Offer to continue treatment for at least 30 days (or for a
period of time appropriate for the status of the patient's medical
condition), until the patient retains another physician.

- Offer to provide information to assist the patient in
selecting a new physician to assume their care. You may also offer
to or actually provide the names of several physicians or clinics
to help the patient in selecting a new physician.

- Advise the patient of a specific date when you will consider
the relationship terminated.

- Offer to provide the new physician with copies of the
patient's medical records upon the request of the patient.

- If one of the issues with the patient involves the failure to
follow directions or advice, it is useful to describe the medical
problem, the recommendations and the degree of urgency involved.
Since the circumstances involved with each patient are unique, you
may wish to contact the Office of Legal Affairs for specific
advice.
Question:
If the patient has not paid my bill for professional services, may I
terminate the relationship?
Answer:
Yes. Use the principles noted above for notifying the patient.
However, the law does not permit the refusal to forward medical
records even though a bill has not been paid.
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