Episode 109. Medicolegal matters - How to avoid them with Mr Rocky Ruperto
A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses, to bring relief to his or her medical problem. The relationship takes the shape of a contract. Equally, a doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. As doctors, we have a duty to obtain prior informed consent from the patient, before carrying out diagnostic tests and therapeutic management. We also need to clearly document our conversations, investigations, and procedures. Communication, consent, and documentation are the big three issues that tend to permeate most medical claims.
It is estimated that 140,000 cases of diagnostic error occur in Australia each year. Of those cases, 21,000 are of serious harm and result in 2,000 to 4,000 deaths. Multiple factors are considered responsible, and any one of these errors may lead to legal dispute. Additionally, communication disputes stemming from a difference in perception and understanding by a patient of what has been discussed and agreed to, are not uncommon. Misunderstandings of fact and or a perceived disregard for patient and families’ emotional concerns, may also lead to litigation. But be mitigated through careful documentation by the practitioner of the consultation undertaken.
Medicolegal entanglement is one of the most uncomfortable situations a doctor may face in his or her professional life. The emotional strain is often felt alone and can be devastating for one’s confidence, reputation, and perception by the community and the subsequent relationship with their peers. No doubt, many in the medical profession feel terribly exposed and subsequently defensive in their medical practice. Which draws another form of attention and possible rebuke from the medical regulators and Medicare.
In this conversation with expert, medical defence solicitor, Rocky Ruperto, I was curious to explore the top ten red flags that can save us from medical perdition, misery, and embarrassment. Rocky is the legal and Policy advisor for the Avant organisation. He advocates for changes to health-related legislation, regulation, and policy with the aim of making a positive difference to the practice of medicine and the Australian healthcare system. Rocky provides legal and educational support to doctors and practices to help reduce their medicolegal risk and improve patients’ safety and quality. Clearly, an excellent resource to converse with. This was an interview I really enjoyed…
Please join me with Rocky.
References:
Rocky Ruperto: rocky.ruperto@avant.org.au
Avant Mutual: www.avant.org.au
To be a guest on the show or provide some feedback, I’d love to hear from you: manager@gihealth.com.au.
Dr Luke Crantock MBBS, FRACP, is a gastroenterologist in practice for over 25 years. He is the founder of The Centre for GI Health, based in Melbourne, Australia, and is passionate about educating General Practitioners and patients on disease prevention and how to manage and improve their digestive health.