Page 15 - SFHN JUNE 2020 FLIP BOOK

Malpractice Insurance
EXPERT ADVICE

Wave of Lawsuits May Follow Second COVID Wave

BY VANESSA ORR attitude will not last much doctors didn’t tell them to go immediately ployed, quite a number of people will be
longer,” he explained. “There to the hospital, or why they said it was scrambling for new health care when they
It was already a perfect are the have and have-nots, okay to get an elective surgery,” he lose their employer-based coverage or can
storm: the medical mal- and the economic disparities explained. “What if a person catches the no longer afford COBRA.
practice marketplace are glaring; we’re already see- virus after a facelift? The doctor can be “As they go out to get individual poli-
was hardening consider- ing societal cracks. blamed for knowing it was an elective pro- cies, many will find that their doctors
ably as a result of insur- “Going deeper, while some cedure, but still opening up. The entire won’t be on those networks, which means
ers losing money not just people are saluting the med- process has been upended.” an end to those established relationships,”
in Florida, but in almost ical profession as heroes, oth- While legislators in Florida and at the warned Gracey.
every state. Claims fre- ers are calling the whole federal level are debating a medical liabili- While doctors can hope that help will
quency was slowly rising COVID-19 issue a conspiracy ty malpractice waiver that could give doc- come in the form of sovereign immunity,
as claims severity rose at and a hoax,” he continued. tors sovereign immunity for pandemic Gracey says that they need to take matters
a rapid pace; yet pricing “At some point, people will care, there’s no telling if this relief will into their own hands. “You can hope for
had been kept very low Matt Gracey begin to blame the healthcare come. help from the top down, but you need to
because of the large system, and every scientific “People are at home trying to figure out start from the bottom up,” he advised. “Do
amount of competition and capital in the fact will be questioned.” how to make money, and that means that what you can in your own practice.
marketplace. On top of societal distrust, Gracey adds there is much to be concerned about on “The key elements are great communi-
Then COVID-19 appeared, making a that political blunders have led to a num- the lawsuit front,” said Gracey. “Not only cation and great relationships with
hardening market even worse. ber of bad medical responses. “This is not is the second COVID-19 wave of patients patients; these two items alone could spare
“In May, both Wells Fargo and Bank of the doctors’ fault,” he said. “They have coming, but there is a current surge of many doctors from having to go through
America said that we’re in for a depression, been working with one or two hands tied patients coming back into medical prac- flood of lawsuits I see coming on other
and I think everyone agrees that we are at behind their backs because of political tices who originally stayed away from doc- side of COVID. It’s Risk Management
least facing a recession and very difficult issues in this pandemic.” tors because they didn’t want to get near 101.”
economic times,” said Matt Gracey, med- an office or hospital. So there’s a delayed
ical malpractice insurance specialist at What Makes a Case? treatment wave coming as well.”
Danna-Gracey, the largest independent With so much confusion around
medical malpractice insurance agency in COVID-19, it’s hard to predict what will Lessening the Threat of Lawsuits
Florida. “During downturns in the econo- happen as people start to sue. While there may be no way to avoid the
my, claims go up in frequency and severity. “Malpractice suits are based on whether coming tide of lawsuits, taking a proactive
People sue doctors and anyone else for physicians have violated the standard of approach to patient care can help.
mistakes, and they do this more frequently care, but what is the standard of care these “We preach to doctors incessantly that
when times are bad.” days?” asked Gracey, giving the example of the best way to prevent lawsuits is to have
While everyone is currently caught up people waiting in their cars to see the doc- really strong patient/doctor relationships,” To find out if you’re prepared, contact
in the country reopening, Gracey believes tor, or spending time in a waiting room said Gracey. “Studies have shown that doc- Matt Gracey or Tom Murphy at
that people will soon turn their attention with three or four people, or being told not tors with these relationships are sued less, (800) 966-2120 or visit
to economic woes. to come in at all. even when they make mistakes.” www.dannagracey.com.
“I believe the whole ‘in this together’ “People will be questioning why their Unfortunately, with 32 million unem-

Cover Story: Patients Avoiding Hospitals During COVID Crisis Do So at Extreme Risk

Continued from page 1 that we would have enough beds and per- reason that these people were not coming said Dr. Lenchus, adding that healthcare
said that the shelter-in-place instructions sonnel in case of a surge.” in for care,” said Dr. Lenchus. workers are fully supplied with personal
were never meant to discourage people At the time, it wasn’t known whether protective equipment (PPE).
from going to the hospital for acute care. Florida would follow the Italian model or Hospitals Ready to Serve Broward Health opened back up for
He adds that this trend is not unique to the California or New York models. “You While the COVID crisis continues, elective surgeries, and is seeing an influx
Florida; many facilities across the country have to work with the data on the ground Broward Health and the rest of the of patients who have been waiting since
are also seeing an increase in DOAs while at the time, and try to make needed healthcare community want to make the crisis started. ”Some people being
seeing a decrease in emergency patients. resources available as safely as possible,” sure that patients understand that they contacted to reschedule appointments
said Dr. Lenchus. should not avoid going to hospitals— are still reluctant to come in and remain
Clarifying the Message While people understood the concepts especially since it could save their lives. that way, while others reschedule once
According to Dr. Lenchus, this confu- of social distancing and shelter-in-place “Being healthy starts here—we are in we’ve explained all of the protective
sion can be credited to several factors. instructions, not every message was as the business of caring for patients and if measures we have in place,” said Dr.
“In the run up to prepare for the poten- clear. they need medical attention, they can be Lenchus. “Others have been waiting in
tial surge of cases, hospitals across the “In hindsight, what was lost in the mes- confident that we can protect them as line, so to speak, and are eager to have
nation were following an incident com- sage is that if you need emergency medical well as our healthcare workers,” said Dr. their surgeries performed.”
mand structure, which requires them to attention, you should seek it,” said Dr. Lenchus. What’s most important, however, is
free up resources so that they can be Lenchus. “Unfortunately, for a number of Patients at Broward Health are asked that individuals use the hospital when
brought to bear when needed,” he reasons, people chose to forego the care screening questions when they come in, they need it.
explained. “Before it hit in Florida, our they needed.” and given a mask if they are not wearing “We’re encouraging people to re-
system tried to get patients out of the hos- Broward Health’s four hospitals in Fort one. Everyone’s temperature is checked, engage with the healthcare system,” said
pital who did not require acute hospital- Lauderdale saw a 30 percent drop in and patients who are admitted or who Dr. Lenchus. “We never close—not even
ization. They were encouraged to conva- patients arriving with stroke symptoms, are having procedures are first tested for during a pandemic. Talk to your medical
lesce at home and were provided with and a 50 percent drop in patients arriving the virus. professional about having your proce-
what they needed, such as additional with heart attacks. “When you look at the “We have specific areas for patients dure scheduled—and understand that
appointments and medication, to expedite commensurate increase in deaths at home who test positive with the virus, as well there is no reason not to seek emergency
their safe departure from the hospital so that EMS personnel recorded, it stands to as dedicated resources for their care,” medical attention.”

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