BY CHEW-HOONG KOH, MEMBER PROGRAM AND MARKETING SPECIALIST
On January 29, 2025, the Massachusetts Medical Society hosted the webinar “Navigating Difficult Conversations with Patients and Families to Prevent Board Complaints.” Legal expert Megan Grew Pimentel, JD, of Alder, Cohen, Harvey, Wakeman and Guekguezian, LLP, shared key strategies for handling difficult interactions, setting boundaries, and terminating patient relationships with confidence.
Key Takeaways
Managing Difficult Patients and Families
- Listen intently, use open body language, remain calm, and set clear boundaries.
- Slow down when speaking, prioritize patient concerns, and encourage participation.
- Confirm with the patient before discussing Protected Health Information with family members.
Chaperones and Documentation
- Chaperones serve as witnesses and help prevent misunderstandings.
- Detailed, contemporaneous documentation is your best defense — record key interactions thoroughly.
Terminating the Physician-Patient Relationship
- Physicians owe patients a duty of care and must avoid patient abandonment. Ending an unhealthy relationship, however, can prevent larger legal issues.
- Some provider contracts (e.g., Medicare, Medicaid, private insurers) may require accepting certain patients or dictate dismissal procedures.
- Proper termination includes:
- Providing adequate advance notice per AMA guidelines.
- Clearly communicating an endpoint and emergency care instructions.
- Seeking legal counsel to avoid potential pitfalls.
Handling Board Complaints
- Physicians have only 30 days to respond — consult a qualified attorney immediately.
- Professional liability policies may offer limited coverage for board investigations. MMS members can utilize the Legal Advisory Plan (LAP) for $95/year, preserving funds for expert defense if needed.
Accessing the Webinar
A recording is available for registrants and MMS members here. For questions, contact Chew-Hoong Koh at ckoh@mms.org or (781) 434-7312.