Journal of Urgent Care Medicine

Charting with Purpose: Precision Strategies for Accurate Coding and Malpractice Defense

Jeff Willis, MD Urgent Message: A well-told story explaining your thought process during a patient encounter will contain all the elements required for accurate coding. Attorneys are less likely to question care when a logical and complete story is clearly documented. Citation: Willis J. Charting with Purpose: Precision Strategies for Accurate Coding and Malpractice Defense. J Urgent Care Med. 2024; 18(4) 13-16. As a medical legal consultant, I have learned medical malpractice claims are an …

A Legal Quandary: Poor Care…or Malpractice?

Urgent message: Failure to consider subtleties and the context in which a patient presents can lead to insufficient differential diagnoses and, therefore, mis- or missed diagnoses that leave the patient at risk for poor outcomes and the provider at risk for litigation. Michael Weinstock, MD and Charles Pilcher, MD Back pain is usually back pain, whether it’s from a muscular strain or another self-limiting, non-serious cause. But there is potential danger lurking below the surface, …

Getting Served: The Do’s and Don’ts of Litigation

Upon returning home from a busy urgent care shift, you notice a certified letter with a law firm’s return address. You open the letter and realize you are being sued in the case of a 26-year-old woman you saw almost a year ago. As your heart beats harder, you think about returning to the urgent care to pull up the chart. You wonder who you should call (the medical director, the insurance company…?) Should you …

Cautionary Insights into Lawsuits Against Physicians

Urgent care providers were not named among those most likely to be sued in Medscape’s recent Malpractice Report 2017, but a look at the research is likely to offer some insights that could help them lower their risk for landing in court. “Failure to diagnose/delayed diagnosis” was the reason for 31% of the lawsuits against physicians in the survey—the most prevalent among all causes mentioned. “Complications from treatment/surgery” was the second-most common answer (27%). Procedural …

‘Defensive Medicine’ May Actually Lower Malpractice Risk

Findings of a new study seem to support the notion that “defensive medicine”—eg, ordering tests even when not specifically indicated clinically—may offer some degree of protection to urgent care centers and other medical facilities. The study, authored by a team from Harvard Medical School led by Anupam B. Jena, MD, PhD, found an inverse association between spending and probability of a malpractice claim. In other words, employing greater resources reduced the risk of a malpractice …

Malpractice Trends in Urgent Care and Retail Medicine

JOHN SHUFELDT, MD, JD, MBA, FACEP with ANDREW SNIEGOWSKI, RN, JD CANDIDATE 2014 Over the last 6 years I have written a number of articles on medical malpractice in urgent care medicine. The good news is that I am seeing fewer cases despite the fact that there are more urgent care centers and more patient visits. The bad news is that I am still seeing the same fact patterns time and again. Failure to diagnose …

The New Normal of Medical Malpractice and How We Are Making it Worse

JOHN SHUFELDT, MD, JD, MBA, FACEP I am tangentially involved in a medical malpractice suit in which the physician in question complied completely with the standard of care. Her documentation was great, her care exceptional, there was no discrepancy between her charting and the nurses’ charting, the doctor-to-doctor hand-off went well, and she communicated with the patient and family. Unfortunately, the ultimate patient outcome was horrible. In the aftermath, the physician was named in a …

November 2011

A Better Way to Settle Malpractice Suits?

Urgent message: Mediation could produce better outcomes than litigation for patients and physicians—if doctors would only show up. CAROL B. LIEBMAN, JD Introduction A stomach pain is misdiagnosed as viral gastroenteritis. The patient ends up in the hospital for six days with complications from a ruptured appendix. A physician prescribes penicillin to a woman with clearly documented allergies, which leads to anaphylaxis and a day in the ICU. A severe headache is labeled a migraine; …

How to Get Sued for Malpractice: Four Studies In Self-Destruction

JOHN SHUFELDT, MD, JD, MBA, FACEP In the past, I have written about how to avoid getting named in a medical malpractice action. But it can often be instructive to view things from the opposite perspective. So this time, let’s turn it around and actually try to get named in a malpractice suit. It usually only takes one of the following misadventures: Practice bad medicine and have a bad outcome Practice good medicine, communicate/document poorly, …

« Previous