The Danger Within


When it comes to litigation, of course doctors fear malpractice the most, but in fact their employees are also a potential source of lawsuits. A good office manager insulates the practice as much as possible from being sued through vigilance and continual consultation with outside experts such as lawyers and accountants.



For example, I know of a practice that was ruined when an employee who originally filed a lawsuit claiming discrimination. During the course of his investigation, their lawyer discovered that the doctor had been paying the employee as an exempt, salaried worker, which meant he wasn't giving them overtime. Unfortunately, this employee should've been classified as non-exempt (hourly) and so the doctor was liable for all of the overtime not just for this one person, but several other staff members as well. A good accountant would've made this clear, and the problem could've been rectified prior to it reaching such a dangerous point of no return.



Another important aspect of medical practice safeproofing from legal hassles is to maintain strict compliance with the Occupational Safety and Health Administration (OSHA) worker safety rules. Consult with a lawyer and stay on top of any changes in regulations regarding potential contamination issues such as disposing of medical waste, properly handling soiled linens, and precautionary measures to avoid contact with bodily fluids.



One of the key pieces of advice our lawyer gave me was to document everything. Not only do I have our harassment policy spelled out clearly in our employee manual, but I have every new employee read and sign an acknowledgement of it. Just doing that simple act is an important step toward avoiding conflict.



When problems do arise, I make sure to write down the source and reasons. Everyone--doctors included--has attended meetings on what is and isn't appropriate. Although we are a medium-sized practice, everyone is well aware of the rules and who they can turn to if the person directly above them is the cause of their woes. The key is to not frustrate or make any staff member feel like they have no recourse.



So far we've been pretty lucky. Situations sometimes arise, but we have dealt with them in a professional manner. That's the best you can do. Respect your employees and hope that they accord you the same courtesy.



Any good stories regarding this topic are welcome in the comment section. Have you ever had a problem which required conflict resolution? How did you deal with it? I'd love to hear from you!