Physicians also often alienate the patient by insensitive treatment, poor communication, and time pressures that allow no opportunity for the patient to express feelings or to tell the whole story. A patient who feels hostile toward a physician perceived as uncaring is much more likely to sue than who feels grateful toward a responsive care-given. To make matters worse, busy clinicians often record skimpy notes or get details wrong in the records, with devastating results in court. When an untoward event does occur, or when a patient seems likely to sue, the physician should communicate the circumstances promptly to the insurance carrier. This allows the insurance company to prepare a defense ahead of the lawsuit, to investigate the case more thoroughly, and to project its risk into the future.
Insurance companies dislike being caught by surprise.
Occupational physicians who work for companies or other large employers such as public agencies may be somewhat protected from the full brunt of a lawsuit, since the employer would normally be named as well and would typically take the lead in preparing the legal defense. Even so, it is dangerous for occupational physicians to assume that their exposure to malpractice liability is shielded by their employment. Individuals within large management structures can be and increasingly are sued for damages, particularly when the injury is said to result from negligence on the part of an employee of the organization. Although such cases are rare, it is not unheard of for the organization to settle out of court without resolving the question of the liability of its employee, opening the possibility of an independent judgment against a physician who works for an employer. For these reasons, it is customary for an employer who hires physicians to provide them with malpractice liability coverage in their own name, unless the arrangement is only part-time and the physician already has personal coverage.