Obesity related malpractice litigation – is your patient documentation foolproof

Obesity Related Malpractice Litigation – Is Your Patient Documentation Foolproof?

Physicians

can

malpractice

claims

avoid by

following a few important steps and reviewing their obese patients’

medical

periodically.

Medical Record Review

records

Obesity related malpractice lawsuits show an alarming increase, as a study highlighted. The analysis showed an increase of 64% in the number of lawsuits in a period of six years. The important point to note is that providing medical care to morbidly obese patients is highly challenging. Surgical and postoperative complications are more likely to develop in such patients, which makes treatment difficult. As mentioned in this write-up, performing and interpreting tests such as ultrasound is difficult in obese patients; sometimes the physician may miss a critical finding due to the patient’s obesity. If something untoward happens to the patient, the physician is at risk of medical malpractice. He may be sued for lack of experience or for not referring the patient to a more experienced provider.

Importance of Accurate Medical Records Take the case of an obese patient who is taking medications for conditions such as hypertension and diabetes that are typical byproducts of obesity. If this patient undergoes a major surgical procedure, there is more of a likelihood of him/her developing complications such as pneumonia. If the physician fails to diagnose it, and there is a negative impact on the patient as a result, the ground is laid for malpractice litigation. As the above mentioned study reveals, orthopedists topped the list of practitioners sued for obesity-related claims, and they were followed by family physicians, anesthesiologists, plastic surgeons, general surgeons, and internists. The physician treating an obese patient has to be extra careful in monitoring the weight and the related medical issues such as diabetes, hypertension and pulmonary, cardiac, joint and vascular health issues. Like other medical lawsuits, obesity associated litigation also leans considerably on medical record review and its findings. A physician who has communicated clearly with his/her obese patients and documented all those communications clearly in the patient records stands less of a chance of being sued for not addressing and warning the patient of obesity’s impact. This information is what the plaintiff’s attorney will be looking for to determine whether the case is worth fighting. Defense as well as plaintiff attorneys utilize medical review services to analyze the medical records of the claimant and obtain an opinion regarding the medical facts.

www.mosmedicalrecordreview.com

1-800-670-2809

Review Medical Records Periodically Physicians can avoid malpractice claims by following a few important steps and reviewing their obese patients’ medical records periodically. 

Ensure clear communication with the patient: Providers must make sure that they warn their patients of all the risks and complications associated with being overweight, and document these interactions clearly.



Do not rush into surgery: If the patient does not meet the necessary criteria, do not rush into surgery even if the patient may demand the same. Wait till the weight loss goal is achieved and it is safer to perform the surgery. The reason for delaying the surgery and the advice given to the patient must be clearly recorded in the patient chart.

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Co-ordinate care by requesting assistance from other medical specialties: In the event of an urgent surgery, get the support of other specialists in medicine, endocrinology, and anesthesia among other fields. The patient’s chart should clearly detail all such assistance and interventions if any.

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Ensure that the informed consent process is robust and foolproof: Medication treatment plans must necessarily include an informed consent discussion regarding how the medication works, side effects if any, and the weight loss that can be expected. This discussion should find a place in the medical record. Risks, benefits, alternative treatments must all be discussed and documented.

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Ensure appropriate preoperative management: Make sure that thorough preoperative management is provided for the obese patient. It is best to develop criteria for this, which will prove to be extremely valuable.

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Perform the procedure in a hospital: This is best to ensure maximum safety for the patient and avoid any potential malpractice litigation. In a hospital, the patient will receive care from properly trained and experienced staff in a hygienic operating room that is specially designed to accommodate morbidly obese patients.

www.mosmedicalrecordreview.com

1-800-670-2809