As a Doctor, what to do in this situation?

[Knicks]

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You're performing a physical exam on a patient, but you also have a non-serious dry cough. You constantly cough during the physical. Then the patient comes back to see you in a few days claiming that you made them sick since you "kept coughing all over" them a few days back. And now they want to sue you or whatever.


This is a made-up scenario, btw.

 

[Valadi]

Before you start your physical, explain you have a cough, wear a mask and wash your hands or wear gloves. Basic rapport and barrier protection...

 

[coldweatherblue]

Wear a surgical mask while you examine the patient.

 

[matt30]

Are you coughing HIV infected blood over thier open wounds? Why would they sue you for catching a cold rather than just thinking you're a gross person and not coming back to see you?

 

[matt30]

Oh, also wear a mask.

 

[pkwraith]

I would apologize. Studies correlate less legal followup with apologies. Especially, in this case, since the patient doesn't really have a legal case (no preponderance of evidence, little to no damage).

This is mostly just a PR thing with no legal threat. An apology will take care of it, especially since you were not following appropriate protocol by not wearing a mask.

Might be a more interesting hypothetical if the patient actually had a possible case that wouldn't get thrown out immediately. Then it gets a difficult decision between making an apology to increase chance of case being dropped, but if it doesn't get dropped, you admitted your wrongdoing and made your case a lot worse.

I like the way this thread is going though--
Q: What would you do in Situation A.
A: Don't get into Situation A.

 

[type b pharmD]

Should have taken a cough suppressant