If it’s in the note you wrote, then legally you did it right? I mean in a lawsuit they have no evidence that you lied in the note..it’s your word vs the patient and you have written evidence so you don’t need a signature right?
Nope. Attorneys are tricky. Just a sample idea below. Not saying it would be this phrasing.
Attorney: How many notes do you write in a day?
Merely: 15
Attorney: That’s more notes in 1 day than I drive home in a week. I bet you have accidentally made a wrong turn in your 20+ years of driving that involved turning towards home/work when you were supposed to be going somewhere else. Maybe when you had someone in the car, deep in a conversation.
Merely: Possibly, I don’t recall.
Attorney: Exactly. It’s just muscle memory. We don’t think about it. We just do it because we do it many times every week. Have you ever in your life made a mistake?
Merely: Yes, everyone..
Attorney: Let me stop you there. You admit to making mistakes, and you agree that muscles sometimes take action by memory even though you don’t consciously think about moving the muscle. Did you see your patient’s journal?
Merely: No
Attorney: on the day she saw you in clinic, she made a notation that she didn’t understand the side effects. You may have been busy doc or used big words. Physicians sometimes use big words right? Yes or no?
Merely: Yes
Attorney: Physicians can get behind too. Yes or no?
Merely: Yes
Obviously you would have an attorney too and other questions would be asked. Opposing counsel just got you to admit that you make mistakes and sometimes use medical terminology. The patient also has written evidence that she didn’t understand what you were talking about, but she blindly trusted you, the person that harmed her.
Sure this may not get opposing counsel a win. Now with a Patient signed document that states the risks, that patient understood everything, that he/she had the opportunity to ask any questions, and that the patient agreed that benefits outweigh risks - it’s hard to argue that it didn’t happen.