The expert witness is expected to review all aspects of the case and draw conclusions based on the facts of the case. 2 The expert witness cannot have any personal knowledge of the case, eg, cannot personally know any of the providers, nurses, patient, family members, the practice, or be affiliated with the institution at which the problem occurred. Expert witnesses must qualify as experts through their knowledge of the medical case, skills, experience, and training or education. In medical malpractice cases, expert witnesses may be hired by both the plaintiff and defense lawyers. Remember that you are often speaking to non-medically trained individuals, so your sentences, phrases, and any medical terms must be understandable by these individuals. As NPs, we often provide detailed information to parents while caring for their children, and in particular, we provide detailed anticipatory guidance, so we ‘talk a lot!’ Avoid this behavior while responding to deposition questions and while testifying in the courtroom: Be honest and succinct. It is critical to know who you can and cannot speak with about the case, to meet and work directly with the attorney who may be assigned by your malpractice insurance company, and to prepare for a deposition and a possible trial case with the attorney.ĭuring a deposition, NPs should only answer the exact question that is asked by the plaintiff’s attorney. Bondi, Rusher, and Schuman regarding what to do if you are served, directly applies to NPs. The average payment for PNPs’ malpractice is slightly higher than the average payment for physicians: $525,000 to $440,379. 1 The average payment for all NPs was $221,852, however, the average payment for claims against PNPs was 2 times greater at $525,000. This is important information for all providers and I recommend not only reading the article, but considering current practice strategies and those that can be implemented with the goal of preventing malpractice claims.ĭo Pediatric Nurse Practitioners (PNPs) experience the same malpractice claim problems as pediatricians? From 2007 to 2013, there were 4 main reasons for malpractice claims against adult medical, primary care, and family NPs, which included failure to diagnosis (43%), improper care and treatment (29%), failure to refer to emergency department, and improper prescribing (16.5%). They discuss what to do if the pediatrician must provide a deposition and appropriate behaviors during courtroom testimony. The authors identify the common reasons for malpractice claims as well as malpractice prevention strategies such as good communication with parents on a regular basis and detailed documentation. Bondi, Rusher, and Schuman’s article, “You’ve been served! What to do if you get sued for malpractice” in the March 2019 issue of Contemporary Pediatrics provides insightful information for pediatricians and all providers who receive a summons that a malpractice lawsuit has been filed.
0 Comments
Leave a Reply. |