Contents Legal system Malpractice Introduction Four major elements Process of a suit Discovery The trial Consequences HCQIA oversight FAQs Avoiding malpractice Medical record Patients' rights QUIZ

Frequently asked questions (FAQ) Q. Could I lose my personal assets in a malpractice settlement? A. Possibly yes, but extremely unlikely. In order for that to happen, the lawsuit would first have to avoid settlement, dismissal or being dropped. Then it would have to go to trial and have a verdict granted in favor of the plaintiff in excess of the hospital's insurance coverage. Then, if settlement re-negotiation or appeal was unsuccessful a physician could possibly be personally liable for the financial settlement in excess of the insurance coverage. Q. What is the statute of limitations for medical malpractice suits (I am concerned about a patient I saw four years ago)? A. In the State of Connecticut, the statute of limitations for filing a malpractice lawsuit is two years from the alleged negligent acts or omissions. No extension beyond these two years is allowed for minors (i.e., if the negligent act or omission took place when the patient was a minor and the patient is now an adult, that patient cannot sue if two years has elapsed from the time of the act or omission), or for discovery (e.g. if the patient just discovered that a possibly negligent action happened five years ago). Q. Do the existence of Clinical Guidelines increase the risk of a malpractice lawsuit? A. Probably not. Guidelines could be helpful in that they should represent the standard of care at the time the patient was cared for. So, guidelines that are well-written (and adhered to!) could be helpful to a practitioner in a medical malpractice suit. If, however, the guidelines are poorly constructed, or (even worse) well-constructed and ignored, they could be quite harmful to a physician's defense. Q. How can I find out if the information in the National Practitioner's Data Bank (NPDB) about me is accurate? A. You can call the NPDB hotline at (800) 767-6732, or contact the State Licensing Agency. The NPDB can also advise you on rules regarding modifying information, or adding statements to your NPDB file. Q. Can I dispute a NPDB report? A. Yes. There is a formal dispute process if you believe the information about you or the claim is incorrect. There is also a process for you to add a practitioner's statement if the report names multiple defendants and you would like to clarify your role in the case. Q. Can I be sued for malpractice as a Resident, Intern or Fellow? A. Yes. While most suits name the attending physician, health care organization, or both, in a lawsuit, it is possible for a resident, intern or fellow to be a named defendant. And, in case of settlement or a guilty jury verdict, that trainee is reported to the National Practitioners Data Bank. However, the Office of Risk Management is usually successful in negotiating, prior to settlement, the removal of any named trainee and substituting the name of the hospital as the sole defendant.