Avoiding Medico-Legal Pitfalls in Everyday Elective Surgery Practice

ABSTRACT

At the beginning of a new century, the trend in liability claims being filed against all disciplines of surgeons is clearly on the rise. Barring an unlikely change in the American tort system, it will be very difficult for most American physicians to end their 30- to 40-year careers claim-free. Therefore, it becomes exceedingly important for all physicians in active practice to couple their medical know-how with their medico-legal one. In other words: practice preventive medicine. In many such claims, it is not so much an issue of competence as it is communication, demeanor, or flawed patient selection. Most surgeons whose practice consists of a substantial element of elective surgery, have a much greater exposure, because they are faced not only with the challenge of a successful physical outcome, but also the far more difficult one of meeting the often unrealistic patient's expectations.

In this article we will discuss the commonest traps that surgeons tend to fall into, how to avoid them, and, having fallen therein, how best to extricate oneself.

Keywords

Surgeon liability - standard of care - patient selection - malpractice - consent