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A patient compensation fund (PCF), as the name suggests, helps to ensure reasonable compensation for patients who have been injured due to medical negligence. These funds were legislative responses to the medical malpractice crisis of the 1970s that saw several cascading factors threatening instability in the medical liability market. As state tort laws became more favorable to plaintiffs, plaintiff attorneys recognized the opportunities presented by medical malpractice lawsuits, especially in an environment of increasingly complex medicine.¹

Disruptive patient behavior, particularly violence, is a growing problem that has been exacerbated by the COVID-19 pandemic.^1,2 Patient-physician conflict over COVID vaccines, treatments, and masking easily can become difficult to control.

Violence and agitation can be triggered by many different factors. These factors can be categorized in various ways. The list of triggers below is divided by responses to healthcare provider behavior and communication, environmental factors, and symptoms of patient illness. Understanding what causes disruptive behavior can help prevent and de-escalate it.¹

It is important to determine why a patient is angry, and whether the anger can be traced back to dissatisfaction with their healthcare experience. Terminating treatment of disruptive patients who are legitimately upset or angry because of service failures or unanticipated outcomes of treatment can increase a patient’s propensity to file a lawsuit.

Many insureds call the Risk Management Department for advice about terminating treatment of a verbally abusive patient who does not pose a safety threat. They worry that dismissing the patient will prompt the patient to file an abandonment lawsuit or will elevate the patient’s anger. Although verbal abuse by a patient should not be tolerated and falls within The Joint Commission’s definition of “workplace violence,”¹ if it does not include physical threats or violent behavior, it generally will not provide grounds for terminating the treatment of the patient without notice.