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It's hard enough getting people within our own field to recognize and accept this, never mind a judge or jury.
Residents don't have a good sense of what lawsuits are about. When I was a resident I had similar thoughts, but they are proven to be completely off.
No, you are not getting "sued" by your "panel" of upper middle class patients on fluoxetine because you are not picking up at 2AM because they just had a fight with their boyfriend. These concepts are just too quaint and completely not applicable if you are in a private practice. The best defense against lawsuit is patient selection. If you don't take suicidal patients you'll never have a suicide (most of the time). And if you did, and the record reflects that you've always appropriately assessed, and this is one time off thing, there's no basis for lawsuit. If a suit is filed, it'll never get to the judge or the jury. Residents have this dramatic vision of you at some deposition with lawyers throwing you questions. No most of the time it's a negotiation process between the plaintiff and your insurance company's lawyer and a bunch of paperwork. (At least, that's what PRMS told me).
If they call at 9PM for a medication side effect, it's perfectly fine to not call back till next day. You will not get sued for that. Don't be crazy. If you want to take challenging patients, and charge high fees, and be available, do that. There is no one size fits all. If you run your own practice, whether you are available 24/7 is part of the FRAME of treatment that should be customized to the patient.
People who actually need 24/7 care (i.e. DBT, severe psychosis, etc.) should not be in this kind of practice anyway, and they won't get it, because they will be working in a clinic or have a DBT therapist, and whether clinic has 24/7 coverage depends not on you, the clinician, but the faceless administrator and hospital. You have absolutely no say so this is completely irrelevant. Sure you can always get sued, but it has nothing to do with whether you take 24/7 call. Lawsuits are due to adverse events and poor documentation, and not paying attention to appropriate clinical procedures (i.e. being sloppy), as well as poor patient-doctor relationship, and sometimes just for no reason at all. They are not because of reasonable business decisions. Whether your practice offers 24/7 call coverage for a particular individual is a business decision, not a medical-legal decision.
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