Issue link: https://viewer.e-digitaledition.com/i/674833
IT MAY SEEM obvious that certain medical specialties are sued more often than others (think neurosurgery vs. rhinolog y). However, there a re a lso physicia n behaviors that can result in a higher claims rate, accord- ing to a recent study reported by The New England Journal of Medicine. The National Practitioner's Data Bank (NPDB) analyzed claims paid against physicians between 2005–2014. The research revea led that a lack of communication, responsiveness, availability and empathy often placed the physician at risk for malpractice claims. The overall theme is that unhappy patients are the ones who sue. Conversely, patients who feel their physician genuinely cares for them may find it di˜cult to sue. Based on this research, one medical malpractice insurance carrier observed that 20 percent of physi- cians were responsible for 80 percent of malpractice claims. Their response was to require physicians to pass a personality assessment prior to o–ering them insurance coverage. By only insuring physicians with good test scores — suggesting risk-averse personality traits — the company realized a significant reduction in claims and was able to pass savings to their physicians via lower malpractice premiums. While this unique underwriting model led to favorable loss ratios, it was di˜cult to get physicians to take a personality test. Consequently, the test requirement was eliminated from their underwriting guidelines. Perhaps the most characteristic conclusion drawn from the NPDB research was the observation that two simple words, "I'm sorry," could potentially prevent many medica l ma lpractice insurance cases in the United States. Patients are, in fact, less likely to seek a legal resolu- tion to a medical error when they receive an apology from their doctor. Many states have enacted an Apology Statute with the purpose of improving the patient/phy- sician relationship when medical errors take place. The statute permits a'healthcare professional to apologize to a patient when a medical error occurs in the care of a patient, or a procedure leads to an undesirable result. The apology, according to the statute, cannot later be used against the healthcare professional in a medical ma lpractice case. Under protection of the Apolog y Statute, a doctor can apologize for an error and explain treatment options going forward allowing the patient to feel empathy from his or her physician. Ohio Revised Code Section 2317.43(A) provides that "statements, a˜rmations, gestures, or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence [made by a physician] ... are inadmissible as evidence of an admission of liability or as evidence of an admission against interest." Stephanie Haas Thoeny is a Business Insurance C o n s u l t a n t w i t h C B I Z In s u r a n c e S e r v i c e s i n Philadelphia, and serves clients in all 50 states. ■ MEDICAL Malpractice BY STEPHANIE HA AS THOENY 3 0