A community of 30,000 US Transcriptionist serving Medical Transcription Industry

SUING ESL DOCS FOR BAD HABITS - GottaLuvTheESL

Posted: Aug 23, 2012

AAMT, the industry, everyone says to be perfect and get everything correct. HIPAA this, and HIPAA that. If we are held to that standard, how about the doctor? If your company wants the $$ so bad, and we don't get help from them, and the hospital does not care about us, or bad habits from docs, why don't we just sue in small claims court the bad doctors, and also the hospitals/accounts for allowing DANGEROUS text mistakenly be typed. I think enough MTs suing, knowing they will lose, will get the attention of the hospitals. GIVE US GOOD AUDIO, YOU GET GREAT TEXT. Give us bad audio (ESL, speed freaks, etc.), and get horrible reports. That would be a good off-the-wall way to get their attention, since no one has our backs! I am serious, well at least for a Thursday that is.

SUING ESL DICTATORS, NOT JUST DOCS! - MT2

[ In Reply To ..]
Oh how I WISH we could do that! I'd be one of them! And don't forget the ones who mumble or speak too softly! And, it's not just the docs!! An article on this subject should be printed in JAMA!! And, it needs to be an active topic! I'm FOREVER telling dictators to STOP talking like that, SWALLOW, speak up, etc!

Bad dictators - Hate it as much as you but

[ In Reply To ..]
I hate hate hate bad dictation and getting used to new ESL docs as much as the next person (maybe more!!). However, that's why we transcriptionists still have jobs. :) I don't worry too much about if the doctor is saying this or that. I pay attention, though, and if he says something that directly contradicts something earlier in report, I leave a flag; if he says a wrong dosage of medication that is obvious such as 10,000 mg instead of 1000, etc., I of course leave a flag. Worrying about it isn't going to do any good, and most of these doctors could care less what we think and don't even pay attention to the report they sign in the first place. And THAT is their problem, not mine. But when it comes to something that could threaten the patient's life or safety or whatever, obviously, like I said, I leave a flag. If a doctor breaks a HIPAA law, not my problem either.

How about suing ANY dictator with bad habits? - ESL or not.

[ In Reply To ..]
I'll take your ESLs off your hands if you will take my cruddy Americans off mine. Seriously, I think more and more English speakers have become horrendously sloppy. So much so that I prefer ESL now. There is NO excuse for the American mumblers, speed talkers, yawn or chew while dictating dictators.

HONK docs bad too - 2 cents

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Yea, the crackers do their share of mumbles too. Sorry ESL.

BAD HABITS - ksr

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Had a really great one tonight--swallowed a cup of ice and spent a few minutes crunching on it. That was too much.

Bad speakers, etc. - sm

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Bad speaker? MT's responsibility. Bad audio? MT's responsibility. Conflicting dictation? MT's responsibility. Corrupt VR document? MT's responsibility.

Docs have no legal duty to you that is being breached - and you have no standing to sue.

[ In Reply To ..]
Whether a patient might have standing to sue for documentation errors is another question - but if so, they could sue you as well as the doctor.

A physician owes a legal duty for quality of care (and, by extension, any related billing, documentation, etc.) to the patient, not to the people who transcribe his dictation, prepare his billing statements, etc.

Dr. signs off a job, last person to touch that job. Any mistakes on - him, not the MT, coder, janitor, secretary....nm

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x

LIKE UNEMPLOYMENT EMPLOYER RATES... - YO

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The government grades unemployment rates charges to employers based on a formula. We should have an agency grade the doctors and bill the hospital a "luxury tax" of sorts based on how their mama could understand their crap trap!

Good to know, Then why are the companies - MTIAM

[ In Reply To ..]
threatening that we can be held responsible for violations and they can be fined for violations? I understand what you are saying, but what happens when the doc has not signed off and is behind in their records? Just wondering where the responsibly lies in a violation such as the wrong patient comes up, incorrect date, wrong facility is entered by the dictator and an MT misses it before the doc signs off. Used to get so tired of the threats from the company I worked for and kinda always felt they would put more of a financial burden on the MT working for peanuts as going after the real offender anyway, the dictator who has the bucks.

If the dr is behind, still his problem. He is responsible, period. - And MTSO threaten many things that have no basis.

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x

The MTSO is not employing the doctor! - sm

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The doctor/hospital is the MTSOs client.You are the MTSOs employee. Big difference. When doctors are behind on their medical records, they can and will have their admitting privileges interrupted. It happens all the time.

Unfortunately, that's not how it works. That's the reason - for O&E insurance.

[ In Reply To ..]
One thing you should know about lawyers is that they can and will name everyone possible when they file a lawsuit - even knowing that some of the parties might win a dismissal hearing.

MTs can and have been sued, and it can cost you plenty just to be *dismissed* from a case.

No, O&E insurance with the brain child of an - insurance salesman. nm

[ In Reply To ..]
x

Can you give more details about that - I have always wondered

[ In Reply To ..]
I have always wondered if an MT has ever been sued. Can you elaborate on that? Did it happen to you?

Did you try googling lawsuits against MT? Rather than beleive - anony poster who might just be stirring trouble? n

[ In Reply To ..]
??

Yes, tried it and nothing came up that I could find. - stirring trouble

[ In Reply To ..]
Actually, I stumbled on an old thread from somewhere a couple of years ago when researching E&O insurance, and it involved someone well known in the MT community whose handle or online ID is escaping me now, but what she had done was consult with an attorney about it. What she said is that the attorney basically told her that E&O insurance for individual MTs was outrageously expensive and unnecessary, and that he wondered if someone somewhere was getting a kickback for it. Now, this is all secondhand info found online so caveat lector, but the attorney supposedly had researched the issue and could find no such case in which an MT had ever been found liable for a medical error. Again, caveat lector.

I just googled lawsuits against MTs. There are none. What comes up is - MT lawsuit again MTSO. nm

[ In Reply To ..]
x

You think case research is done by "Googling" it? - Thanks for the laugh.

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Oh dear, my sides are aching.

Any good MT knows google is the place to start. You got evidence of - an MT sued because of errors? Dont think so. nm

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x

What is your problem? I just dont want MTs thinking they - can be sued. Bet you are an MTSO SM

[ In Reply To ..]
who uses this very scare tactic. The doctors sign off the document, they are responsible for everything in that document. If there is a problem with MT errors, doctor's responsiblity to NOT sign off on it and contact MTSO/MT.

a poster from this site was sued by MTSO - and LOST - take this off a public board, people!

[ In Reply To ..]

Completely different. MT sued cause posted about MTSO and - was sued for that. Had nothing to do with errors.

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x

my error, you're absolutely right - sm

[ In Reply To ..]
There is another thread on the board that could be construed as libelous, and I confused myself.

MTSOs have no legal standing whatsoever to threaten lawsuits over MT errors. If they say they do, they are lying. No MT requires malpractice insurance; that responsibility falls on the MTSO and the physician.

Did you even read the whole thread? Your post has nothing - to do with thread about errors. Geesh. nm

[ In Reply To ..]
x

Dont forget. Some come here to say anything to stir the pot. Some - just like to see their post, the content SM

[ In Reply To ..]
does not have to be true. I have never heard of an MT getting sued. If such ever happened, I want to see the documentation. Heck, poster saying MTs get sued, was probably an insurance salesmane

There has to be a better way! - Southerncutie

[ In Reply To ..]
I understand what everyone is saying. I think off site employers NEED to stay on top of anyone who dictates poorly! All of us old MTs used to transcribe on site..making the printed document THE final word..making the DICTATOR responsible for what is in print. It's different now and unfairly because a lot of employers do NOT speak up to the dictator! This needs to be done and MTs do NOT need to be "punished" for not assuming something they couldn't hear! Do I get an "AMEN?"

there has to be a better way - Faith

[ In Reply To ..]
AMEN. The MTSOs should correct bad dictators, instead of punishing MTs for not being able to interpret garbage, that is so unfair, especially since we were not educated in THIS COUNTRY to understand ESLs. That should not be our problem that they cannot speak the ENGLISH language correctly, nor should we lose money because of their time consuming reports, due to the fact that they do not speak correct ENGLISH... WE SHOULD BE PAID EXTRA TO DECIPHER THAT CRAP, since it takes longer to figure out what they are trying to say...

AND MTSOs, physicians, clinics and hospitals - once you run off all the experienced, educated and dedicated transcriptionists [to other careers] just remember all your proofreaders [who work for peanuts] still need the education of mls/medical terminology to proofread and seriously, who wants to put in the time and money to be a proofreader.

It is called "karma" and the day will come when you will regret the way you treated us transcriptionists and, hopefully, we will all remain "unforgiving" and "selfish" with your newfound dilemma and stick with our newfound career, while you enjoy the tedious task of proofreading every little thing you do because you have no dependable help. AND, that day is coming and soon to be the future of what this lucrative "medical transcriptionist" career USED to be. Good luck in your new adventures!

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