Perhaps now more than ever, obtaining a quality attorney is essential for any practicing physician. Physicians are increasingly taking a more holistic approach to patients’ healthcare, suggesting regimens that include everything from sleep to nutrition to general lifestyle. As such, doctors face more potential errors or disagreements that may prompt patients to seek legal action. According to family medicine physician and chief medical officer of CED Clinic, Benjamin Caplan, MD, the modern patient is far more autonomous and knowledgeable than in previous decades, leading to increased critical thinking of their healthcare and legal questioning of physicians’ decisions. Dr. Caplan notes that physicians are exceptionally busy and would benefit from a trusted legal source who could handle such inquiries.

While some physicians may choose to employ their own personal attorney, many healthcare organizations retain legal counsel on behalf of their employees. According to Dr. Caplan, the growing popularity of digital health records also lends itself to the need for physicians to secure a trusted attorney. He points out that patient information is intellectual property, and it contains potential value that requires protection.

Along with digitized health records, Dr. Caplan notes other areas in which healthcare organizations need a quality attorney on-hand in the event that patients pursue legal action. Examples include issues with insurance companies, outsourced billing, and call-center staff. Dealing with such circumstances requires significant knowledge of the legal system, as well as the ability to devote time to many hours of case navigation. Hospitals and other healthcare organizations that retain legal counsel inherently provide a level of solace for physicians who have neither the legal knowledge nor the time to effectively manage a patient’s legal action.

For physicians seeking their own legal representation, internist Jordan Grumet, MD, suggests using a checklist unique to the specific legal genre. For instance, he advises those looking for a contract lawyer to have checklist of items, such as  “adept at explaining and translating legal jargon into medical.” When it comes to malpractice suits, Dr. Grumet highlights the need for a “tenacious, experienced deal-maker or breaker.” Dr. Caplan notes that while legal knowledge is the top priority in searching for a quality attorney, a lawyer’s ability to navigate tension and communicate well are crucial.

Christopher Ryan, counsel and healthcare litigation task force co-chair at Dickinson Wright, stresses the importance of retaining an attorney who is familiar with handling healthcare cases and clients. Physicians are bound by a wealth of laws and regulations that are specific to their field, and Ryan notes that a qualified attorney who is well versed in healthcare law would be able to detect issues that other lawyers may overlook.