What to Do When a Patient Threatens to Sue

Andrew Grossman/123RF.com

Most people choose a career in medicine because they enjoy caring for others. Even with the best of intentions, things can go wrong. As a result, a patient may become angry and threaten to sue. It is an all too familiar occurrence for those who work in the healthcare field. According to Physicians Practice’s 2013 Great American Physician Survey, 15% of physicians were threatened with legal action, and nearly 35% were named in a lawsuit. This means up to a staggering 50% of physicians encounter legal issues at some point in the year. This isn’t including nurses and other hospital staff who often bear the brunt of a disgruntled patient. It is important to know what to do to minimize your damages and leave your reputation intact if you are threatened with a lawsuit.

Attempt to Resolve the Issue

Try to prevent the threat from escalating into an actual lawsuit. An ounce of prevention is worth a pound of cure. Most threats of legal action are made during moments of extreme stress. If patients or their family member is dealing with illness, injury, or a negative side effect of treatment, they feel completely helpless. Threatening legal action is their attempt to grasp at some form of control in a situation where everything seems to be out of their control. When a threat is first made, a gut reaction is to stop talking and leave the situation to administrators. In most situations, this would be a big mistake.

Talk things over with the patient the moment a threat is made. Ask the patient why they feel a lawsuit is necessary, and what you can do to help address the issue. Propose a solution; it may seem perfectly reasonable to the patient and prevent future legal action. It is helpful to have a witness in the room so there are two accounts of what is said. Having another person in the room can also aid in diffusing any conflict with a patient, leading to a more productive conversation. If the patient insists that he or is is pursuing legal action after your discussion, it is imperative that you make sure to complete the following steps.

Document Everything

Immediately after talking with the patient, document your conversation in a neutral and objective tone. Attorneys rely on records. If it is not written down, it doesn’t exist. The best advice an attorney can give is to chart and document thoroughly.

It is helpful to include the following:

• Write everything that was said in your discussion. Be as descriptive as possible.
• Explain the treatment you provided and how it corresponds to the patient’s needs.
• State the issue that arose with the patient.
• Include any and all prior conversations you had with the patient.
• Note when you explained the risks and possible consequences of certain treatments given.
• List when you were notified of the issue and when the threat of legal action was made.

Save the document in at least two locations. Have your witness write down what he or she observed during the conversation as well. If there is a lawsuit filed against you, this will be valuable information for your attorney.

Follow Hospital Procedure

Each hospital has its own procedures on how to handle threats of legal action. This includes how to report a patient’s legal threat to the hospital or hospital staff. When a patient makes an official threat, typically an internal investigation is started to determine the credibility of the claim, document pertinent facts, and assess liability. Look over your particular hospital policy procedure for documenting threats and follow accordingly.

Consult with an Attorney

Most patient threats are empty and are often resolved by recognition of their anger and a plan of action to fix the issue. If you find yourself served with notice of a lawsuit, it is time to talk with your attorney. An attorney can help you navigate the dangerous legal waters and act as an advocate for you and your reputation. Attorneys are bound by ethics to have your best interest in mind, so their advice should not be taken lightly. Your medical malpractice insurance should cover the cost of an attorney. Give your malpractice insurance a call to find an attorney in your area that is covered by your plan. If you have multiple attorneys from which to choose, schedule a few consultations to ensure you hire an attorney you can trust. It is imperative that you feel comfortable discussing all the details of your case and confident that your attorney will be able to competently represent you.

Overall, stay calm and professional in any encounter with patients. Even the best health care workers will catch a patient on a bad day. Try to not take it personally. As long as you do your due diligence, most threats can be settled in a way that is mutually agreeable.