Doctors, lawyers evaluate each other in new study: Building

trust, opening communication lines could improve

doctor/lawyer relationships. (Doctors, Lawyers and
Lawsuits).
**********
THE RELATIONSHIP between attorneys and physicians is
becoming more critical in defining both the legal and
medical professions.
We live in an increasingly litigious litigious adj. referring
to a person who constantly brings or prolongs legal
actions, particularly when the legal maneuvers are
unnecessary or unfounded. Such persons often enjoy legal battles, controversy, the courtroom, the
spotlight, use the courts to punish society, not only in medicine, but also for life in general.
However, it is clear that the legal and medical systems are colliding like never before.
Malpractice malpractice, failure to provide professional services with the skill usually exhibited by
responsible and careful members of the profession, resulting in injury, loss, or damage to the party
contracting those services. issues, quality assurance and questions of credibility in the medical
profession are forcing the professions of law and medicine to interact more often and with more
intensity.
This creates new opportunities for the legal profession in the specialty of health law, creating a
rather positive situation for the legal profession. Health law is an interesting, intellectually
challenging and rapidly developing specialty for attorneys.
Physicians don't don't
1. Contraction of do not.
2. Nonstandard Contraction of does not.
n.
A statement of what should not be done: a list of the dos and don'ts.
see it in such a positive light.
For a physician a legal challenge or situation is indicative of a problem, that will mean some type of
monetary cost. In the long run, it can damage a reputation and the ability of a practitioner or
institution to succeed.
It now is common for health care organizations to have their own in-house In-house
In the context of general equities, keeping an activity within the firm. For example, rather than go to
the marketplace and sell a security for a client to anyone, an attempt is made to find a buyer to
complete the transaction with the firm. , staff attorneys. Yet, only a decade ago this was quite
uncommon.
Do doctors and lawyers trust each other?
In a recent research study of doctors and lawyers, attorneys were asked to rate the trust level they
had for both their personal physician and physicians they interacted with professionally.
Results showed attorneys have a high degree of trust in their personal physicians, with more than 78
percent of the respondents In the context of marketing research, a representative sample drawn
from a larger population of people from whom information is collected and used to develop or
confirm marketing strategy. rating their trust level of their personal doctor an 8, 9, or 10.
But trust level drops considerably when it comes to lawyers dealing with doctors professionally.
Only 40.6 percent of the responses hit 8, 9, or 10, almost cutting the trust level rating in half
compared to the personal physician.
Physicians, meanwhile, reported relatively high levels of trust for their personal/business attorneys
with 71.2 percent rating an 8, 9, or 10. But the highest responses of 8, 9, or 10 for their trust of
lawyers they deal with professionally were just 29 percent.
Overall, the pattern emerges that physicians have a lower trust level of attorneys in both their
personal and professional interactions, than do attorneys for physicians in both of these situations.
Positive characteristics
Respondents were also asked to answer a set of open-ended questions A closed-ended question is a
form of question, which normally can be answered with a simple "yes/no" dichotomous question, a
specific simple piece of information, or a selection from multiple choices (multiple-choice question),
if one excludes such non-answer responses as dodging a regarding their relationships with one
another.
The results show that attorneys perceive physicians as intelligent, patient-care oriented
orient
n.
1. Orient The countries of Asia, especially of eastern Asia.
2.
a. The luster characteristic of a pearl of high quality.
b. A pearl having exceptional luster.
3. , results-oriented clients. In addition, attorneys found issues related to patient care and medicine
to be interesting from a professional perspective.
But 3.6 percent of the respondents reported that they found "nothing" positive about working with
physicians.
The response by physicians was less positive. In fact, almost one-quarter of the responses to this
question were clearly and absolutely negative -- meaning that physicians found "not a thing" positive
about working with lawyers.
On the other hand, the most positive aspect reported by physicians was they enjoyed working with
attorneys because of their intelligence and knowledge.
Greatest challenges
To examine the challenges identified by the respondents, attorneys were asked, "What is your
greatest challenge working with physicians?"
Ego, arrogance Arrogance
See also Boastfulness, Conceit, Egotism.
Artfulness (See CUNNING.)
amber
traditional symbol of arrogance. [Gem Symbolism: Jobes, 81]
Arachne and an elite attitude were identified by 23.5 percent of the responding attorneys as the
greatest challenge working with physicians.
The second most mentioned category of responses centered on physicians' inadequate business
knowledge. These challenges were followed by the attorneys' perception in 12.1 percent of the
responses that physicians did not trust them Physicians trying to "practice law" or being all-knowing
adj. 1. knowing everything.
Adj. 1. all-knowing - infinitely wise
omniscient
wise - having or prompted by wisdom or discernment; "a wise leader"; "a wise and perceptive
comment" may also be related to the more often mentioned issues of trust and ego. Several
attorneys stated that physicians often act as if they could do the attorney's CERTIFICATE,
ATTORNEY'S, Practice, English law. By statute 37 Geo. III., c. 90, s. 26, 28, attorneys are required to
deliver to the commissioners of stamp duties, a paper or note in writing, containing the name and
usual place of residence of such person, and thereupon, on paying certain job better than the
attorney.
The challenges cited by attorneys include items that not only are personal and personality related
(ego/trust), but also include those that are related to fundamental differences in the professions
(business knowledge inadequate/understanding fees).
It is clear that attorneys perceive that the differences in the professions do create challenges.
However, it is also clear that the perception is somewhat uncomfortable and negative on a personal
or emotional level.
Also, it is not one single factor, or one type of factor that causes the conflict.
The data seem to indicate that the working relationship between attorneys and physicians is not
ideal. Both the literature and the results of this survey show that these two groups see the world
from different perspectives.
These differences are inherent due to their educational processes, which are quite different and
because their relationship is not one of choice. When these two professions are working together in
a professional setting, generally it means that a problem exists, usually for the physician.
It is clear that in professional situations, attorneys have a higher trust level of physicians, than
physicians hold for attorneys. Attorneys recognize the intelligence of physicians, perceiving this
factor as a positive in the relationship. This situation may offer some hope for the relationship.
Physicians appear to have a sense of frustration with the legal system.
It appears that they believe the system is attacking their professional judgment and integrity. Legal
situations become very personal situations for physicians. Physicians do not like the legal system and
believe that the key players in that system, attorneys, are not deserving deserving
adj.
Worthy, as of reward, praise, or aid.
n.
Merit; worthiness.
deserv ingly adv. of high levels of trust.
'Trust us'
In the survey, attorneys were asked what physicians could do to improve the working relationship
with the other. The overwhelming answer: "trust us."
It appears that attorneys perceive the lower trust level by physicians that the survey revealed and
desire a higher level of trust from physicians. In addition, attorneys recommend that physicians
learn about the law, risk and business, and be more proactive.
Physician education is very focused on the clinical and scientific aspects of medicine. Typically, little
or no business and legal issues are addressed.
Leaders in medical education recognize this need, but the expansion of scientific and clinical
information often precludes business and legal courses. Fortunately, medical societies and others
are providing a significant amount of continuing education continuing education: see adult
education.
continuing education
or adult education
Any form of learning provided for adults. In the U.S. the University of Wisconsin was the first
academic institution to offer such programs (1904). that has a business or legal focus.
An increasing number of physicians are seeking business-related degrees and a number of
professional programs are designed just for physicians. Obviously, physicians and the market
recognize this need and are responding.
The attorneys also raised a set of issues that relate to communication and access -- to communicate
more openly and make time for attorneys.
Open communication is related to the issue of trust. The hope is that more openness results in
outcomes and resolutions that are more equitable equitable adj. 1) just, based on fairness and not
legal technicalities. 2) refers to positive remedies (orders to do something, not money damages)
employed by the courts to solve disputes or give relief. (See: equity)
EQUITABLE. and completed in a more expedient expedient
adj.
1. Appropriate to a purpose.
2.
a. Serving to promote one's interest: was merciful only when mercy was expedient.
b. manner.
Time for attorneys has a direct relationship to time away from patients. Time away from patients is a
detriment Any loss or harm to a person or property; relinquishment of a legal right, benefit, or
something of value.
Detriment is most frequently applied to contract formation, since it is an essential element of
consideration, which is a prerequisite of a legally enforceable contract. to patients and has an
effect on a physician's ability to make a living.
It's it's
1. Contraction of it is.
2. Contraction of it has. See Usage Note at its.
it's it is or it has
it's be ~have hard to find a physician who would say they have enough time for their current
patient load. In addition, when the activity demanding the time is something undesirable, like legal
issues, it's often even more difficult to justify or make palatable palatable
adj.
1. Acceptable to the taste; sufficiently agreeable in flavor to be eaten.
2. Acceptable or agreeable to the mind or sensibilities: a palatable solution to the problem.
.
It is clear that attorneys believe that the major change needed by physicians to improve this
relationship is trust. However, there are a number of other factors at work here.
Unfortunately, physicians appear to feel victimized and misunderstood misunderstood
v.
Past tense and past participle of misunderstand.
adj.
1. Incorrectly understood or interpreted.
2. by the legal system. They believe the legal system needs changed so that "frivolous Of minimal
importance; legally worthless.
A frivolous suit is one without any legal merit. In some cases, such an action might be brought in bad
faith for the purpose of harrassing the defendant. " matters do not become formal legal matters.
This situation does not create the ideal environment for either increased trust or other
improvements.
World views
Doctors and lawyers view the world differently due to multiple factors, leading to significant gaps in
their perceptions. These differences appear to have their strongest foothold foothold
n.
1. A place providing support for the foot in climbing or standing.
2. A firm or secure position that provides a base for further advancement.
foothold
Noun
1. in their educational processes, unique languages and contrasting views of the definition of
truth.
It would appear that, due to the negative perception physicians report regarding the legal system,
anything short of a systematic change will not elicit elicit
tr.v. elicited, eliciting, elicits
1.
a. To bring or draw out (something latent); educe.
b. To arrive at (a truth, for example) by logic.
2. a great deal of change in their perceptions. Doctors just don't buy into the logic of the legal
system. It is a foreign concept that does not fit into a scientific method and the way physicians think.
A key factor and ray of hope is that both sides believe this relationship can be salvaged.
Overwhelmingly, attorneys want to be trusted by physicians. In particular, they want to be respected
for what they do and have physicians entrust their cases and needs to them. The major concern or
issue of attorneys regarding this relationship seems to be the attitude of the physicians.
Physicians, on the other hand, want the legal system changed. Their major concern is less personal
regarding the attorneys; it is the system. Their perception is that the system is unfair to them and
they feel rather helpless in its grip. This feeling is one that nobody likes, but it is particularly
unpalatable for bright and successful physicians.
There are many other less significant factors that lead to difficulties in this relationship. All of these
add up to create a very complicated situation. Any changes in the relationship between these two
high status professions will come slowly and painfully.
Attorneys Rate Trust Level of Personal Physician
(1 = lowest rating, meaning little or not trust, 10 = highest rating,
great amount of trust)
Response % Response
Little or no trust
1 0
2 0
3 1.4
4 0
5 3.2
6 4.6
7 12.0
8 26.7
9 28.1
10 24.0
Great amount of trust
Attorneys Rate Trust Level of Physician's They Interact With
Professionally
(1 = lowest, 10 = highest)
Response % Response
Little or no trust
1 0.5
2 2.3
3 0.9
4 2.7
5 10.5
6 16.0
7 26.5
8 23.7
9 12.8
10 4.1
Great amount of trust
Physicians Rate Trust Level of Personal/ Business Attorney
(1 = lowest 10 = highest)
Response % Response
Little or no trust
1 3.5
2 1.2
3 1.2
4 2.4
5 5.3
6 4.1
7 11.2
8 21.8
9 27.6
10 21.7
Great amount of trust
Physicians Rate Trust Level of Attorneys They Interact with
Professionlly
1= lowest, 10= highest
Little or no trust
Response % Response
1 7.0
2 4.7
3 7.6
4 10.5
5 12.8
6 14.5
7 14.0
8 11.6
9 14.5
10 2.8
Great amount of trust
"What is the most positive thing about working with physicians?"
Attorney Open-Ended Question Results
Response % Responding
(1) Intelligence, Intelligent 33.0
(2) Patient oriented, caring, ethical 15.4
(3) Patient care issues/medicine, interesting 16.8
(4) Result oriented, decisive, motivated clients 12.0
(5) Professional clients 7.4
(6) Nothing 3.6
(7) All Others 8.8
Note: Not all responds provided answers for any or all of the open-ended
questions and numerous respondents provided multiple responses,
resulting in different numbers of responses for each open-ended
question.
"What is your greatest challenge working with physicians?"
Attorney Open-Ended Question Results
Response % Responding
(1) Ego, elitist, arrogance 23.5
(2) Business knowledge inadequate 22.5
(3) Do not trust attorneys 12.1
(4) Try to practice law, are all-knowing 11.1
(5) Do not pay, do not pay timely,
do not understand attorney fee structures 5.6
(6) Too money oriented 5.2
(7) Too busy, do not find time for attorneys 4.9
(8) All Others 15.1
"What could physicians do to improve their working relationship with
attorneys?"
Attorney Open-Ended Question Results
Response % Responding
(1) Trust us, listen, respect us 42.1
(2) Learn about the law and risk 11.0
(3) Communicate, be open 11.0
(4) Make time available to us, prepare 9.1
(5) Learn more about business 7.7
(6) Be more proactive 6.2
(7) All others 12.9
References
(1.) Krakowski, A. "Stress and the Practice of Medicine: III. Physicians Compared with Lawyers."
Psychother. Psychosom. 1984, 42:143-151.
(2.) Gibson, J. and Schwartz Schwartz is a Canadian spices brand. It is also a common surname and
may refer to:
Abe Schwartz (1881-1963), musician
Alan Schwartz (fl. late 20th century), businessperson
Allyson Schwartz (born 1948)
Alvin Schwartz (born 1916), Canadian writer
, R. "Physicians and Lawyers: Science, Art, and Conflict" The American American, river, 30 mi (48
km) long, rising in N central Calif. in the Sierra Nevada and flowing SW into the Sacramento River
at Sacramento. The discovery of gold at Sutter's Mill (see Sutter, John Augustus) along the river in
1848 led to the California gold rush of Journal of Law & Medicine. 1981, 6(2): 173-182.
(3.) Naitove, B. "Medicolegal medicolegal /medicolegal/ (med?i-ko-leg'l) pertaining to
medical jurisprudence.
medicolegal
adj.
Of, relating to, or concerned with medicine and law. Education and the Crisis in Interprofessional
Relations." American Journal of Law and Medicine. 8, no. 3 (1983): 293-320.
(4.) Gillette, R. "Malpractice: Why Physicians and Lawyers Differ" The Journal of Legal Medicine.
October October: see month. 1976: 9-11.
(5.) Danner, D. and Sagal Sagal can refer to: People
Katey Sagal, american actress
Liz Sagal, american actress
Peter Sagal, american actor
, E. "Medicolegal Causation causation
Relation that holds between two temporally simultaneous or successive events when the first event
(the cause) brings about the other (the effect). According to David Hume, when we say of two types
of object or event that "X causes Y" (e.g.
: A Source of Professional Misunderstanding." American Journal of Law and Medicine. 1978, 3(3):
303-308.
(6.) Shepherd Shepherd
Corin
the faithful shepherdess; called "the Virgin of the Grove." [Br. Lit.: "The Faithful Shepherdess" in
Brewer Handbook, 234]
Daphnis
guards sheep; creator of bucolic poetry. [Gk. Myth. , R. "Doctors and Lawyers: Separated by a
Common Language or Lack of Time?" Medico-Legal Med`i`co-legal
a. 1. Of or pertaining Abogados sucesiones en congreso to law as affected by medical facts.
Journal. 1990, 58(2): 61-62.
RELATED ARTICLE: Similarities and differences
Literature shows how doctors and lawyers are alike and different.
How they're they're
Contraction of they are.
they're be alike... (+)
* Both physicians and attorneys are well educated, with relatively high social and economic status.
(1)
* Each profession has special knowledge and experience not held by the client or the public in
general. (1)
* Both professions are licensed, keep information confidential and have a sworn duty to put
client's/patient's needs first. (1,2)
* Both professions have a very well developed and accepted paradigm. (1)
* Both understand the need to know more about the other.
* Both professions have a rapidly expanding knowledge base, making it difficult to stay current. (3)
How they're different... (-)
* Physicians study scientific laws to predict physical events, while attorneys deal with laws made by
people. (2)
* The law is not necessarily verifiable in an empirical fashion, like scientific laws. (2)
* Physicians are educated using scientific methods, while attorneys are educated using the Socratic
method Socratic method Education A teaching philosophy that differs from the traditional format
as instruction is in the form of problem-solving and testing of hypotheses. See Layer cake education,
Spoon feeding. . (3)
* Proof to a physician means scientific proof. For an attorney, proof is what a judge and/or
and/or
conj.
Used to indicate that either or both of the items connected by it are involved.
Usage Note: And/or is widely used in legal and business writing. jury will (2,3,4,5)
* The language and vocabulary for each profession is specialized specialize
v. specialized, specializing, specializes
v.intr.
1. To pursue a special activity, occupation, or field of study.
2. so that each profession can be precise and expedient. However, there can be different
interpretations placed on words that are shared by the professions. (2,6)
Keep in mind these lists are not all-inclusive and comparisons are not simple. However, it is clear
that for every similarity Similarity is some degree of symmetry in either analogy and resemblance
between two or more concepts or objects. The notion of similarity rests either on exact or
approximate repetitions of patterns in the compared items. between the two professions there
appear to be as many significant differences.
Legal Advice
Attorneys offer three ways to improve doctor/lawyer relationship
The attorney respondents to the survey developed a set of solutions that physicians should not
ignore. From their perspective, they believe the following should happen.
1. Learn to trust and listen to attorneys.
Lawyers do realize the situation may be grave when a physician must use their services. In
particular, physicians must trust the attorney's level of knowledge and understanding of the legal
system. Although physicians typically are in a position where they call the shots, legal matters must
be entrusted to a legal expert. A competent attorney will get your input and represent you in a
manner that will best suit your interests and situation.
2. Learn about the law and your business.
When the opportunity arises, it is important for physicians to become more educated in both legal
and business matters. Continuing education and even formal education focusing on these matters is
critical. The key in this education is not to become competent in the law, but to understand how to
prevent various scenarios. Learn enough to know how to protect yourself and be proactive in both
business and legal matters, which are often one and the same. However, a good source for
information about the law and your own business is from your attorney, your accountant and your
business manager or administrator.
3. Communicate with and find time for your attorney and other key individuals.
Although time is precious for physicians, they must find the time to have an ongoing dialogue with
lawyers and other key business and professional people. This dialogue can lead to wiser decisions
and a strategy to reduce both your legal and business risk. Also, when a pressing matter is at hand it
is imperative to make the time right away to deal with it. Putting it off can lead to serious
consequences.
Details of the doctor/lawyer study
The study was conducted to examine the relationship between physicians and attorneys.
The approach was to develop two separate, but similar questionnaires for attorneys and physicians
that focused on their relationship with one another. These surveys were developed to be concise, in
order to increase the likelihood of response, because members of both professions are extremely
busy and time conscious. The final survey instruments evolved from a series of pre-testing sessions
with attorneys and physicians.
Questionnaires were mailed to 800 physicians and 800 attorneys.
The attorneys in the sample were selected at random from the American Bar Association American
Bar Association (ABA), voluntary organization of lawyers admitted to the bar of any state. Founded
(1878) largely through the efforts of the Connecticut Bar Association, it is devoted to improving the
administration of justice, seeking uniformity of law Health Care Law section and indicated that
they practice in the area of health care law or have an interest in health care law.
The physician participants in the sample were from a random sample of American Medical
Association American Medical Association (AMA), professional physicians' organization (founded
1847). Its goals are to protect the interests of American physicians, advance public health, and
support the growth of medical science. member physicians. The sample was limited to physicians
identified in specialty areas of family practice, orthopedic surgery Orthopedic Surgery Definition
Orthopedic (sometimes spelled orthopaedic) surgery is surgery performed by a medical specialist,
such as an orthopedist or orthopedic surgeon, trained to deal with problems that develop in the
bones, joints, and ligaments , obstetrics/gynecology and otolaryngology otolaryngology
or otorhinolaryngology
Medical specialty dealing with the ear, nose, and throat (see larynx, pharynx). The connection of
these structures became known in the late 19th century. .
Overall, 221 attorneys completed surveys, for a return rate of 27.6 percent. An acceptable survey
was one where all forced-choice questions were answered.
The sample of attorneys had been in practice from 1 to 42 years with a mean of 16.1 years.
The sample came from 41 different states and was comprised of 57.5 percent males and 42.5
percent females. 178 physicians, or 22.3 percent returned acceptable surveys.
Family practitioners family practitioner
n. Abbr. FP
See family physician. accounted for 53 percent of the sample, while 47 percent were specialists.
Experience ranged from 1 to 62 years in practice, with a mean of 18.9 years.
Physician respondents were from 47 states and the District of Columbia District of
Columbia, federal district (2000 pop. 572,059, a 5.7% decrease in population since the 1990
census), 69 sq mi (179 sq km), on the east bank of the Potomac River, coextensive with the city of
Washington, D.C. (the capital of the United States). . The sample contained 84.7 percent males and
15.3 percent females. In addition, 89.9 percent of the sample reported that they were board certified
board certified,
adj the status of a dental specialist such as an orthodontist who has become a board diplomate by
successfully completing the certification program of the recognized certification board in that area
of practice. and an additional 5.1 percent reported that they were board eligible.
Paul Paul, 1901-64, king of the Hellenes (1947-64), brother and successor of George II. He married
(1938) Princess Frederika of Brunswick. During Paul's reign Greece followed a pro-Western policy,
and the Cyprus question was temporarily resolved. Fitzgerald is an associate professor and
director of the division of health administration at The University of Memphis The University of
Memphis is a public research university located in Memphis, Tennessee, United States, and is a
flagship public research university of the Tennessee Board of Regents system. . He also serves as
director of the Center for Health Services Research Health services research is the multidisciplinary
field of scientific investigation that studies how social factors, financing systems, organizational
structures and processes, health technologies, and personal behaviors affect access to health care,
the quality and cost of health care, at the university. He has extensive experience as a hospital
administrator and served as a consultant to over 70 health care and governmental agencies. He can
be reach by phone at 901/678-1465 or by e-mail at peftzgrl@memphis.edu See .edu.
(networking) edu - ("education") The top-level domain for educational establishments in the USA
(and some other countries). E.g. "mit.edu". The UK equivalent is "ac.uk". .
COPYRIGHT 2002 American College of Physician Executives
No portion of this article can be reproduced without the express written permission from the
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