Medical malpractice premiums are skyrocketing across the country, even for physicians with clean records. Unfortunately the high frequency of frivolous medical malpractice lawsuits across the country has lead to a spike in the physicians' insurance premiums since the start of the decade. Hit hardest of all are physicians in "high risk specialties" like Neurosurgeons, Orthopedic Surgeons and OB GYNS.
In order to remain in practice, many physicians are exploring patient-physician agreements to pre-empt the threat of a lawsuit. The idea is to have the patient agree to terms and procedures for handling a dispute should one arise. Actually, patient-physician agreements are nothing new. Virtually every doctor has their patients sign some sort of paperwork agreeing to treatment and acknowledging potential risks as part of the process of "informed consent."
The most common form these agreements take is the "binding arbitration" agreement. Put simply, these ask patients to waive their right to a jury trial in the case of a dispute and instead go through the faster and more cost-effective process of arbitration. In doing this, physicians are able to limit their risk, and thus the cost of their insurance, while patients are given an avenue for recourse in the event of a dispute.
In a culture becoming increasingly suspicious of physicians some doctors are concerned about patient reluctance to sign such agreements as they feel that people would be unwilling to waive the opportunity to sue. However, many physicians have found that this is not the case in practice. Dr. Ruth J. Schulze, a New Jersey gynecologist, requires a binding arbitration agreement for new patients and has found that "About 80 to 90 percent sign up and don't have a problem with it." Currently, Kaiser Permanente, the largest physician insurer in California, requires patients to sign binding arbitration agreements.
Another contract-based strategy that has met with great success is the Medical Justice program, founded by North Carolina neurosurgeon Dr. Jeffrey Segal. After the unpleasant experience of a frivolous lawsuit after a decade in practice with a clean record, Segal decided to do something about this problem and created and patented a new contract-based technique.
Medical Justice members are licensed to use the company's exclusive contract that asks patients to agree not to sue for a frivolous reason and to use a properly qualified expert in the event of a legitimate dispute. According to Segal "After we started using the contract, we were pleasantly surprised to find that most patients are more than happy to sign it. Most people consider themselves to be reasonable individuals and thus feel comfortable with the agreement."
There are a number of reasons for the dynamic success of the program. Not least of which is that it holds all proponents of frivolous cases accountable. The Medical Justice contract asks significantly less of patients than a binding arbitration agreement, as patients are not waiving their right to a jury trial, and it is far less complex to incorporate into a practice.
What about patients who refuse to sign? Segal says that "Of course physicians can still choose to see the patient if they want to, but refusal to sign the contract is often a red flag for the type of patient who will be difficult to work with and quick to sue."
Medical Justice™ is a program designed by a board certified neurosurgeon to protect physicians from frivolous suits - before they occur.
To request more information on what physicians can do and are doing Click Here.
Sources: The Record, Medical Justice
