Protect your agency during a malpractice suit and improve patient care with documentation.

The true importance of documentation is to improve patient care. When records are kept carefully and consistently, the treatment team provides better care. The care experience is a significant event in a patient’s life. If a malpractice suit is filed, the patient will recall the “facts” in minute detail. However, a caregiver’s recollections may be considered unsubstantiated if not properly documented – even if based on standard practice. The patient’s recollections are unsubstantiated, but patients are not obligated to keep records. Fortunately, concise recordkeeping that accurately reflects the care provided and related reasoning carry greater weight with a jury, unless the records are discredited.

In court, the patient’s attorney will often ask how many patients you care for during an average day. That number is then multiplied by the number of days, weeks, and years since the time in question. With so many patients, how can you remember this situation so well? Who did you care for after this patient? Which nurses were on duty that day? What time did you get back from lunch? These issues have nothing to do with the malpractice suit but can influence the jury to give the patient’s memory more weight. Medical records will be your best friend or worst enemy in the courtroom. If properly prepared, they are the best, and sometimes the only, defense during malpractice litigation.

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Attn Members: If this is your first time registering for one of the Alliance's webinars being held in partnership with the Home Care and Hospice Essential Webinar Network, you will need to "create an account" (on the webinar registration page) to receive the special membership rate.

Questions? Please contact Laurie Belden at laurie@homecarealliance.org.