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Tips to avoid trouble . . .
An article for physicians by physicians
Originally published June 2008

IL0820-2-E

Abstract

Effective verbal or written communication with patients and with other health care professionals is a two-way process, and confidentiality is always an issue.

 

Of interest to all physicians

This is the third in a series of articles based on observations by Medical Officers at the CMPA who communicate with members on a daily basis. The content is simple yet the issues arising from each may be complex.

These tips are intended as suggestions to assist physicians in their practice. Read on to discover how you might reduce your risk of medico-legal difficulties.

Tip #7: Communicate Effectively With Your Patients

A patient's perception of inadequate or ineffective communication forms the basis of a number of regulatory authority (College) and hospital complaints, as well as legal actions. These complaints may be about physicians, but may also include or be about those who act on the physicians' behalf, including their employees or medical trainees.

Dissatisfaction can also stem from a patient or family's impression that a physician is too busy, or simply does not care. Linguistic or cultural misunderstandings can further complicate the situation.

It is important that you and those who work with you make reasonable efforts to listen to the patient's health concerns. Reasonable attempts should also be made to determine if the patient understands the diagnosis, any required investigations, treatment options and follow up instructions. Allowing time to address your patient's concerns will help promote effective two-way communication.

Documentation of the discussion in the medical record is the best evidence of the encounter.

Tip #8: Protect Patient Information

Protecting the confidentiality of health information has always been expected of physicians. Also, both federal and provincial/territorial laws have set privacy standards for the protection of patient information, placing a greater onus on you and other health care providers to ensure appropriate measures are in place to protect patient information.

It is important for physicians to remember that they are accountable for the patient information entrusted to them and the obligation to protect includes the actions of their co-workers and staff.

Tip #9: Read Nursing Notes And Other Pertinent Health Care Information

Important clinical information is documented by nurses and other health care providers who are part of the patient's "circle of care." Reviewing the notes from other health care providers often reveals information that contributes to improved patient care. Failure to do so has at times resulted in delay in recognizing significant problems as they developed and in some instances has created medico-legal difficulties.

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DISCLAIMER: The information contained in this learning material is for general educational purposes only and is not intended to provide specific professional medical or legal advice, nor to constitute a "standard of care" for Canadian healthcare professionals. The use of CMPA learning resources is subject to the foregoing as well as the CMPA's Terms of Use.