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The Weight of Practicing Medicine Under the Risk of Malpractice By Ryan R. Stratford, MD, MBA
MCMS President 2015 Ryan Stratford, MD, MBA Dr. Stratford specializes in Urogynecology/Pelvic Reconstructive Surgery. He joined MCMS in 2005. Contact Information: The Woman's Center for Advanced Pelvic Surgery 4344 E. Presidio Street Mesa, AZ 85215 www.TheWomansCenter.com P: 480-834-5111 E: rstratford@mcmsonline.com
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n today’s age of medicine, we all face medical-legal risk. Among the many risks we incur, there are none that I have encountered that is more life-altering than malpractice.
Whether we realized it or not, physicians, at some point in our career, are likely to become intimately familiar with the legal system. I, like many of you, have learned first-hand about the weight of practicing medicine under the risk of malpractice. Nothing in my training could have fully prepared me for the impact that malpractice risk would have on me. Nor did I think that I would spend so much time as I have in my short 15-year career as a physician pouring over legal documents.
The truth is that legal issues in medicine affect all of us and the impact can be very personal. I was told early on that choosing Obstetrics and Gynecology as a specialty was inevitably choosing to someday be sued. In fact, the chance of being sued not only once but multiple times is quite high as an Obstetrician/Gynecologist (OB/Gyn). A 2010 study from the American Medical Association (AMA) showed that 54% of OBGyns will be sued at least twice in their career. Chances of avoiding a lawsuit in my career were clearly not in my favor when I started my practice.
As I began practicing medicine, I was not supercilious about the likelihood of someday being sued, but I felt somewhat immune as an Urogynecologist. I recognized that most lawsuits in OBGyn dealt with complications from delivering babies and I no longer practiced obstetrics after completing fellowship training in Female Pelvic Medicine and Reconstructive Surgery (Urogynecology). However, as a subspecialist, very complicated cases started coming through the door and I was quickly involved with treating patients who were eager to find someone at fault for poor outcomes from other physician-performed surgeries and treatments. I realized that it was only a matter of time before one of these patients would find fault in me as well.
Despite my acceptance of likely being sued, I was not prepared in any way to understand the full impact a lawsuit would have on how I practice. To be questioned not only about my decision making but also about my personal intention was very upsetting and unnerving. My initial reaction was not anger but introspection about what I could have done better. I began questioning everything. Then, I became more critical of patients. I began questioning their motives. I
10 • Round-up Magazine • August 2015