06 May Partner Jeffery Randolph Saxby Quoted in an Article Published by Healthcare Risk Management
In an article published by Healthcare Risk Management on May, 1, 2021, Partner Jeffery Randolph Saxby is quoted discussing common mistakes health care providers make that lead to patient lawsuits, and how to avoid such pitfalls.
While a primary impetus behind a patient’s decision to sue is often how the patient feels after interacting with physicians and staff, the severity and permanency of the injury also play a significant role in the decision.
“Unfortunate medical care results that are correctable have little value in the eyes of plaintiffs’ lawyers, particularly when a health care provider will cover the costs of additional care,” Saxby explains. “Conversely, things like sensory injury, loss of appendage or limb, and inadvertent death are viewed as high-value claims to plaintiffs’ lawyers, and they are more likely to take on the risks of pursuing such a claim, even when it’s questionable whether a deviation from the standard of care occurred.”
Saxby further explains that hospitals play an important role in preventing malpractice claims by operating in a compliant manner.
“One common issue we face in defending claims against doctors and nurses is when a hospital has a specific policy and procedure on a subject, and the doctor or nurse who is being sued has never seen the policy, or saw the policy years ago when they were hired but hadn’t seen it since,” Saxby says. “While policies and procedures are not standard of care, they are a major factor that jurors may consider in determining whether the standard of care has been met. Providing an annual review, continuing education, and other regular training on hospital policies and procedures with all care providers, including contract physicians, can be pivotal in litigation.”
For the full article, click here.