I recently received an email from an organization that focuses on encouraging patients to consider filing for malpractice if something goes “wrong” with their treatment by someone in the medical field. They wanted me to provide a link on my site to theirs, but my instinctive response is a rather resounding “no!”
My reasoning isn’t that true malpractice doesn’t sometimes occur. Rather, I think it’s possible to make a case that the perceived threat of a lawsuit can cause at least as many, if not more, problems than does poor medical treatment itself. That last thought is the focus of this post.
There is clear evidence(1) that the enormous stress on a physician brought about by a malpractice suit frequently leads to depression and burnout and even thoughts of suicide. For the patient, her or his physician’s stress of a malpractice suit often leads to over-testing, over-medicating, unnecessary surgeries (especially exploratory and biopsies) and over-reliance on test results and technology instead of the patient’s history or the physician’s understanding of a particular patient. The experience of a malpractice suit can even lead to a physician refusing to take some cases. I wouldn’t be surprised if just the perceived threat of a malpractice suit can lead to the same types of over-cautious actions.
A physician’s stress and burnout and over-reliance on technology to try to protect him- or herself not only results in the potential for more errors but quite likely results in less interest in patients—after all, they might sue—which leads to a less personal relationship with the patient as a person. And, of course, a patient who is treated impersonally is more likely to feel alienated from the physician and is therefore more likely to sue.
It’s a vicious circle, but one that potentially can be avoided or escaped, and often the patient needs to take the initiative. Based on various sources—including my own experience with Western medicine—here are some of my thoughts on how you might work more effectively with your doctor:
- Engage your physician as your partner. Be up-front with your doctor about your values, concerns, goals, etc., and be sure he or she really hears you.
- Avoid being adversarial. Be polite and respectful. Treat your doctor as your ally, not your enemy, and she or he will respond accordingly. It is often helpful to openly acknowledge to your doctor how you think she or he views you. For example you might say “You probably see me as argumentative and stubborn, but . . . .”
- Be an active participant in your care. Question what your doctor says, but politely, to be sure you fully understand what he or she is telling you. Ask the doctor to explain your disorder and the treatment options in lay terms and repeat them back to be sure you fully understand what is being said to you, and write everything down for later reference. In fact you may want to bring a family member or friend with you to an appointment so you don’t miss something important.
- Don’t hesitate to look up everything on the Internet to clarify your understanding. In addition, you might want to get a second or even a third opinion, depending on your problem. A good doctor will respect you for being thorough.
- Although there is a perception that Western medicine can work miracles, the costs of some tests and treatments—and not just in monetary terms—may be higher than you would like to pay, so ask for details, especially including the potential outcomes (positive and negative, and the probabilities of each) of a procedure or the expected benefits and side effects from possible medications. Ask how other patients of your doctor have fared under the same treatment. A highly touted cancer therapy might give you an extra few months of life, but those few extra weeks may be at the expense of your quality of life.
- If you engage your doctor in a candid dialog, you might be surprised that she or he agrees with your misgivings. Not all doctors think that the most aggressive treatment is necessarily the best option(2).
- Consult with close family and friends, as well as your doctor (or doctors), to be sure you are all on the same page. If necessary, change doctors.
- Look into CAM (complementary and alternative medicine) therapies to see how they might complement—or even replace (if that is your inclination)—the Western options that are available to you. But get a firm diagnosis first, since your CAM providers need to be clear about what they are treating you for and, by law, they cannot offer you a diagnosis.
Two final points:
- When you have done all your homework, the final decision about what you do and do not want to do needs to be made by you.
- And always remember, your doctor is a person, too(3)!
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References:
1. Chen, Pauline W., MD: “When the Doctor Faces a Lawsuit” New York Times, December 15, 2011. http://well.blogs.nytimes.com/2011/12/15/when-the-doctor-gets-sued-2/?ref=malpractice
2. Murray, Ken, MD: “How Doctors Die.” http://zocalopublicsquare.org/thepublicsquare/2011/11/30/how-doctors-die/read/nexus/)
3. Groopman, Jerome, MD: How Doctors Think by Jerome Groopman, MD (Houghton Mifflin Co., © 2007).
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