RISK MANAGEMENT IN MEDICINE: A LAWYER’S PERSPECTIVE

The relationship between Lawyers and Doctors on a personal level is usually very good, however on a professional level there is a divide. If we are to better serve the interests of our mutual clients, we must bridge this divide. Perhaps the starting point is for the lawyers to explain what it is that we require from the doctors.

Our requirements are dictated firstly by, our system of justice and secondly, the need to satisfy our duties to our clients in accor dan ce with the rules governing the attorney/client relationship. Lawyers generally require the professional expertise of doctors in both the criminal and civil field. In the criminal field for example murder, manslaughter and rape cases and in the civil field, personal injury cases arising from motor vehicle accidents, factory accidents and battery cases. The focus today will be in the civil field.

There are three main requirements of doctors:

• Medical Consultations
• Medical Reports
• Evidence in Court

On most occasions when a client sustains personal injury and consults a lawyer, there is the need to obtain an opinion from a specialist whether an orthopaedic surgeon, plastic surgeon, a neurologist, a neurosurgeon, psychiatrist, an ophthalmologist, a gynaecologist, or a urologist. Usually the client would have already consulted with a general practitioner. It is therefore necessary to arrange for the client to consult with the specialist. Usually the time between contacting the specialist and the actual appointment could be as long as 6 months. This, with respect, is way too long.

Consider the following example. A client suffers injuries in a motor vehicle accident and has spent the last 6 months in the hospital. He has not been able to work since the accident and has spent all his resources on medical care as well as taking care of his family. He may require further medical treatment before he can return to work. It is usually the case that he depends on the compensation for the injury to pay for his medical expenses such as reconstructive surgery. Delays in receiving medical reports delay the “full recovery”. Such a client, and there are many in that category, wants his or her matter to be dealt with expeditiously and has a great difficulty understanding why it takes so long . A 6-week period for an appointment with a specialist ought to be possible. This it is submitted would be more reasonable to the client/patient.

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RISK MANAGEMENT IN MEDICINE: A LAWYER’S PERSPECTIVE

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