Page 46 - 2021 Risk Reduction Series - Communication Part One

SVMIC Risk Reduction Series: Communication

Curbside consultations are transient in nature and typically

occur in the hallway, break room, golf course, etc. and often
begin with a “hey, let me run something by you”. In most cases,

the physician who is consulted has no intention of becoming
involved in the patient’s care, billing for services, or being

identified/having their discussion documented in the record.
They also have no reasonable expectation of becoming involved

in a claim or lawsuit as a result of this informal discussion.
Unfortunately, we have seen that is often not the case. When the

curbside opinion is used to make or confirm treatment decisions
and a claim or lawsuit is subsequently asserted related to those

decisions, the attending physician sometimes identifies the
colleague who provided the supporting curbside opinions. As

stated, having supporting opinions can often strengthen the
defendant physician’s defense. The downside for the physician

giving a curbside opinion is that he or she may be added to the
claim or lawsuit and exposed to potential liability.

Dealing with curbside opinions can be a problem, as a physician

who answers a colleague’s question has no interest in the active
and continuing care of the patient or being named in a lawsuit.

However, an absolute ban on curbside opinions is not practical,
and informal and curbside opinions are both common practice

and beneficial from a patient care and safety standpoint.
Collaboration between physicians should be encouraged as

inexperienced physicians can learn from their more experienced
colleagues. The best advice for physicians who participate in an

informal consultation is to establish at the outset that they are
not being formally consulted, do not have all of the facts or the

benefit of examining the patient, have not reviewed the records,
and that their opinion or interpretation is general in nature and

does not apply to any specific patient. They should also confirm

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