An Australian study published in the June issue of the British Medical Journal strove to learn if there is an association between medical negligence claims and doctors’ sex, age, specialty, working hours, work location, personality, social supports, family circumstances, self-rated health, self-rated life satisfaction and presence of recent injury or illness.
The findings conclude that doctors who are “unhappy and overworked” are much more likely to be sued than their more “agreeable” colleagues.
The study was led by University of Melbourne associates Dr. Owen Bradfield and Professor Matthew Spittal, and analyzed the survey responses of 12,134 Australian doctors of all specialties between 2013 and 2019.
Of the study’s participants, 649 doctors reported being named in a negligence claim during the study’s duration, with more male doctors seeing negligence claims than female doctors.
These findings come at a time where doctors face mounting financial and workforce pressures as a result of untenable Medicare rebates and the ongoing global COVID-19 pandemic.
These pressures lead to high levels of stress and burnout, which cause breakdowns in communication between doctor and patient. According to MDA National medicolegal advisor Dr Sara Bird, this lack of communication has been a recurring result in previous studies.
‘Some [previous] studies have suggested that up to 70% of claims are related to poor communication,’ Dr Bird said in an interview with newsGP.
‘The vast majority of GPs are excellent communicators, and the challenge is to maintain this level of communication when they are feeling overworked, dissatisfied or unwell.’
Dr. Bird’s advice for reducing risk of litigation is to practice good communication skills.
‘The patients of those doctors who were more likely to be sued thought they were rushed by their doctor, had less time spent with them, received no explanations and felt ignored,’ Dr Bird said.
‘My other key tip to reduce your risk of being sued is to make good clinical notes.
‘This is not only invaluable in defending any allegations against a doctor in a potential claim, but it is also of great assistance in ensuring continuity of patient care and handover, especially in multi-doctor practices and part-time GPs.’
Alongside interpersonal communication skills, the study concluded that ‘more supportive work environments and targeting interventions that improve doctors’ health and well-being could reduce the risk of medical negligence claims and contribute to improved patient safety.’
One contributing factor to burnout is a lack of social support networks. With many doctors working long hours due to lowered staffing from the pandemic, it’s become more important than ever for doctors to support one another within the workplace.
Canberra-based GP Dr Paresh Dawda agrees, claiming that ‘As we see patients throughout the morning or afternoon, we are likely to get increasingly fatigued and that affects our decision making.’
No matter what your age, gender, location, practice specialty, communication is key to maintaining positive relationships with your patients. But sometimes, things still happen, and it’s best to be prepared. That’s where NEEJE steps in. We help patients and doctors collaborate on the consent-building process, letting patients make informed decisions about their health and protecting doctors from accusations of negligence. To learn more, head over to https://www.neeje.io/.