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| How to Handle the other Plaintiff – The Family |
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by Marcos A. Vargas, MSHA, PA-C - January 2, 2012
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Sometimes in our time-constrained working hours or in our overzealous daily efforts to provide evidence-based medical care we tend to overlook or disregard the other plaintiff—the family. A vital integral part of the patient’s life, that should not be trivialized nor taken for granted if they happen to be very family-centric regardless of the age of the patient.
Nowadays, patients’ families are more involved and in some cases very participatory in the care the patient undergoes. By the same token they can be openly supportive or just as unsupportive if not overly critical of the provided care. Successful healthcare providers are very aware of this extra dichotomy and immediately recognizes the importance for the need of impeccable and at the very least transparent communications with all parties involved.
Communications goes beyond the exchange of words between individuals. In essence, it’s about sharing information. But more importantly, it’s about listening to the patient and the family too. Obviously, herein lies the challenge: to keep them informed, involved and appraised of the details & agreement of the course of treatment when there’re different treatment modalities, different alternatives with their respective associated benefits and risks. Also, we tend to forget that listening is the critical component of the interactive process and at times we’re the must vulnerable when we fail to consider or incorporate, or remediate a situation that could have been averted if we would have just listened to the family‘s request a little closer.
How many times have we seen or read where that intentional or unintentional disregard of the family observation(s) came to play & ultimately haunted the provider. These are those clinical moments or circumstances that can be said to be game changers for all parties. These unexpected clinical detours have a tremendous impact not only for the patient but for the family as well. For the family—the other plaintiff— and from their perspective it meant the difference between life and death, or success or failure of a medical initiative during the course of treatment of the patient. Regardless of the truth, that’s what they will believe especially if a medical mishap occurs and a window of clinical opportunity was lost as already said.
But more importantly, in their eyes you failed to measure up. Now their roles have reversed. They will first and foremost (in most instances) become avengers. Unfortunately they will seek to discredit you professionally any way they can. More specifically your professional reputation will be targeted in 3 areas.
Rest assured that your clinical competency; your degree of caring and your compassion will be openly questioned and possibly tarnished not only in the community but also in court. While these Risk Management tips cannot bring you immunity, they sure can to some extent not only mitigate potential med-mal allegations, but they can improve communications:
RM Tip # 1: Be a Teacher:
Clearly, being an educator from day one lessens that litigious threshold in people. As a humble facilitator it can set you apart from the rest of the medical staff or team as someone “more approachable” & more patient-centered.
RM Tip # 2: Be Cognizant of you Behavior:
Sadly, many may forget their bedside manners. If possible always try to sit, speak in a soft, unhurried clear manner while establishing eye contact. Also…
a. Always be respectful of cultural beliefs / ideas / traditions.
b. Always acknowledge their concerns/ fears.
c. Always be mindful of your tone (respectful? / friendly?).
d. Always avoid medical jargon as much as possible.
e. Always provide reasonable amount of time (if possible) to make decisions.
f. Always be concise; yet don’t forget the details too.
g. Always attempt to communicate face-to-face if at all possible.
h. Always be professional—do not make light of an event or incident unless it is for them and they have established it as such.
i. Be mindful and don’t provide guarantees or assurances (medicine is probabilities at best even under the best of circumstances
j. Be mindful and respectful of patient’s and or family times—coordinate & set up best time for meeting accordingly.
By remembering & reminding yourself of these tips, you stand to gain the most, you stand to keep the lines of communication open by listening to their input & making them feel like active stakeholders in the care of their loved one. Thus surmounting communication challenges is one of the best ways in dealing and handling the other plaintiff –the family.
 Marcos A. Vargas, MSHA, PA-C is a Boston born and Puerto Rican bred individual who has an extensive healthcare industry background, both industry-related as a Pharmacy Technician during his undergraduate years, and industry-specific as a dually N.C.C.P.A. certified Physician Assistant in Surgery and Primary care after graduating from the University of Alabama—Birmingham Physician/Surgeon’s Assistant Program. He has held clinical positions in Cardiothoracic, General Surgery, & Emergency Medicine over the past twenty years. He holds a Master’s in Science Administration from Central Michigan University and a Healthcare Risk Management graduate certificate. He has been retained and consulted regularly by both plaintiff & defense law firms over the past 14 years. During this time, he has served as both a consulting medical reviewer and a PA expert. Marcos has lectured on Clinical Risk Management (PA) issues throughout the years to various Michigan-based PA Training Programs. He has done the same for lay audiences, covering a wide range of “Wellness” topics. He has been a supporter and associate member of numerous professional clinical and non-clinical organizations. Currently he is employed as an orthopedic PA at HMC.
The viewpoint expressed in this article is the opinion of the author and is not necessarily the viewpoint of the owners or employees at Healthcare Staffing Innovations, LLC.
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