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Www.medicalprotection.org/southafrica MPS: the world's leading medical defence organisation © MPS Litigation containment – apathy or affinity Graham Howarth:

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Presentation on theme: "Www.medicalprotection.org/southafrica MPS: the world's leading medical defence organisation © MPS Litigation containment – apathy or affinity Graham Howarth:"— Presentation transcript:

1 www.medicalprotection.org/southafrica MPS: the world's leading medical defence organisation © MPS Litigation containment – apathy or affinity Graham Howarth: Medico-legal Advisor MPS Head of Medical Services: Africa April 2013

2 www.medicalprotection.org/southafrica April 2013

3 www.medicalprotection.org/southafrica April 2013 Loss Containment Can loss be contained ?

4 www.medicalprotection.org/southafrica April 2013 Loss Containment Can loss be contained ? From a non-clinical point of view

5 www.medicalprotection.org/southafrica April 2013

6 www.medicalprotection.org/southafrica April 2013

7 www.medicalprotection.org/southafrica April 2013

8 www.medicalprotection.org/southafrica April 2013

9 www.medicalprotection.org/southafrica April 2013 Apathy or Affinity ?

10 www.medicalprotection.org/southafrica April 2013 Overcoming Apathy

11 www.medicalprotection.org/southafrica April 2013 Why do patients sue? No successful litigation without negligence

12 www.medicalprotection.org/southafrica April 2013 Why do patients sue? Precipitating:Clinical adverse event

13 www.medicalprotection.org/southafrica April 2013 Why do patients sue? Precipitating:Clinical adverse eventCompetence

14 www.medicalprotection.org/southafrica April 2013 Why do patients sue? Precipitating:Clinical adverse eventCompetence “ Of the 208 patients with adverse events caused by medical negligence only 8 files malpractice claims” Harvard medical Practice Study NEJM 1991:325(4):245-251

15 www.medicalprotection.org/southafrica April 2013 Why do patients sue? Precipitating:Clinical adverse eventCompetence Predisposing:

16 www.medicalprotection.org/southafrica April 2013 Why do patients sue? Precipitating:Clinical adverse eventCompetence Predisposing: Relationship factors

17 www.medicalprotection.org/southafrica April 2013 Why do patients sue? Precipitating:Clinical adverse eventCompetence Predisposing: Relationship factorsCommunication

18 www.medicalprotection.org/southafrica April 2013 Why do patients sue? Precipitating:Clinical adverse eventCompetence Predisposing: Relationship factorsCommunication Competence comes first – no successful litigation without negligence Communication / relationship skills – the next best litigation preventer

19 www.medicalprotection.org/southafrica April 2013 The event

20 www.medicalprotection.org/southafrica April 2013 Competence

21 www.medicalprotection.org/southafrica April 2013 Competence Communication

22 www.medicalprotection.org/southafrica April 2013 Communication Continuum Communication Before treatment During treatment After treatment

23 www.medicalprotection.org/southafrica April 2013 Communication Continuum Relationship management Before treatment During treatment After treatment

24 www.medicalprotection.org/southafrica April 2013 Communication Continuum Relationship management Before treatment During treatment After treatment Shared decision making

25 www.medicalprotection.org/southafrica April 2013 Communication Continuum Relationship management Before treatment During treatment After treatment Shared decision making Open disclosure

26 www.medicalprotection.org/southafrica April 2013 Communication Continuum Relationship management Before treatment During treatment After treatment Shared decision making Open disclosure Expectation management Psychology

27 www.mps.org.uk April 2013 Expectation Management

28 www.mps.org.uk Expectation Management April 2013

29 www.mps.org.uk April 2013

30 www.mps.org.uk April 2013 Disappointment = Expectation Reality

31 www.mps.org.uk When things go wrong April 2013

32 www.mps.org.uk When things go wrong April 2013

33 www.mps.org.uk Before treatment During treatment After treatment Shared decision making Open disclosure Information Continuum April 2013 Relationship management Psychology of disappointment

34 www.mps.org.uk When things go wrong April 2013 The Psychology of Disappointment

35 www.mps.org.uk The psychology of disappointment April 2013

36 www.mps.org.uk The psychology of disappointment April 2013

37 www.mps.org.uk April 2013

38 www.medicalprotection.org/southafrica Thank you for your attention

39 www.mps.org.uk  Acknowledge  Sorry  Story  Information  Solution  Travel 1 August 2011 A S S I S T approach

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