A recent study by the AMA says that male doctors are sued more than females, and the most sued are General Surgeons and OB’s. This is not a surprise to us, our firm has been providing general surgeon medical malpractice and OB medical malpractice insurance for 16 years.

Both can have similar characteristics; they perform lots of surgical procedures and have a limited relationship with the patient, when compared to the patient’s family physician (exception when the OB is also the patients Gyn).

Why males over females, male general surgeons or OB’s can have more tunnel vision, and be seen as less caring to their patients. Meaning they concentrate so hard on doing the procedure, that they can forget there is a scared person they are working on.

It is simple, physicians who are likeable are less likely to be sued. We have found this in our experience; doctors who are always hurried and not personable often have the most claims , and those who are not had the least. Studies show those MD’s who are the most kind to their patients do not get sued as often.

Tips for an amicable doctor-patient relationship:

• Sit down for a minute and be eye level, or if the patient is on the exam table have him or her above you.
• Talk at a normal pace and always look your patient in the eye.
• Force yourself to listen and ask questions to show you are listening and you care.
• Explain the procedure and ask if they have any concerns and listen to them.
• If possible call the patient the night before the procedure if you’re a surgeon, and/or go see them in the hospital one more time than necessary.
• Talk with the family answer their questions or concerns.
• Think about the person, this may be their first time in a hospital; they and their family members are scared. For you this may be a routine procedure, but for them this is a big event.
• Slow down and show you care, and if the procedure goes wrong at least the patient and the family have a favorable image of you. Otherwise you become the faceless nameless, or worse the rude cold doctor who harmed them, or their family member.

Part of many malpractice claims is the sense of revenge or “that jerk has to pay”, this can be avoided with a little effort, by being more likable. What a surgeon, or OB/Gyn wants their image to be to their patients (and or the family) is to feel: Dr X is such a great person and he/she tried everything and this was just one of those things. But what great physician Dr X is, he/she was very caring, kind, he/she explained that this was not a for sure thing.

Parting thoughts, remember you became a physician to help people, show this with your patients. Besides you lessen the chance of a law suit, you will build a very successful practice since people will refer you to their friends and family. HCP National specializes in medical malpractice insurance for General Surgeons and OB/Gyn’s.  This article offers simple risk management techniques ,and should not be seen as legal advice. If you are facing allegations or being sued contact your insurer and attorney.  If you currently fighting a medical malpractice lawsuit, check out our article You’ve Been Sued For Medical Malpractice, Now What?