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Reformed Consent
 

Taped to the wall just above where I dictate I have a clipping that I once removed from a magazine that discusses the topic, “Why am I claim free”? The article talks about the “300 percent rule.”

  1. I am 100 percent honest with my patients.

  2. I practice within the scope of my training and experience, 100 percent of the time.

  3. I try to be 100 percent compassionate when my patients are suffering, especially if an error on my part has added to their pain.

Unfortunately, I do not have the name of this prophetic author.

I wholeheartedly believe in the 300 percent rule, but I wonder if living by its precepts will keep you claim free for a lifetime of practicing medicine. It suggests claims without merit never occur and patients’ and attorneys’ motives always pure. It fails to realize that claims are settled simply to avoid the cost of ongoing litigation and also assumes that all medical experts swear to “tell the whole truth” while not allowing finances to sway their opinion.

If you believe this, I’m sure you also believe that Bill and Monica’s relationship was purely platonic. Forgive me for being so cynical but I’ve practiced in Broward County Florida for 23 years. As far as malpractice is concerned, Broward County is the Falluga of medicine.

I have certain rules that I practice in addition to the 300 percent rule:

Patients are given literature to review. I often direct them to http://www.ACFAS.org for further information.

We document and have the patient sign that they have received a consent form prior to surgery. This gives them ample time to review its contents thoroughly.

In addition to a consent form, we have a handout that lists potential complications. We document that this was given to them as well. This helps to reinforce issues that were discussed during their consultation.

I prefer to not to take on complications that occurred in other offices.

Finally, “Respect them, but Suspect them.” I do not accept every person as a patient. I am able to say, “I’m not comfortable treating you”

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Jay Lieberman, DPM
Editor - PRESENT
Director of Podiatric Medical Education
Northwest Medical Center
Margate, Florida

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