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to complete their training, and to obtain licensure and Drug

Enforcement Agency certification. Subsequently, it is reason-

able to ask what factors may trigger disruptive behavior in this

group of individuals.

One can cite many ‘‘common sense’’ reasons such as over-

work, family strife, a dysfunctional working environment,

supervisor pressure, and anxiety. Some authors believe that

the ‘‘normal’’ stress of medical practice has been compounded

by large educational debt loads for graduating physicians,

increasing malpractice premiums, decreasing reimbursement,

and the pressure to see more patients in a shorter amount of

time

(2)

. According to one recent survey, ‘‘This is a difficult

time for physicians with flat or declining income, rising

expectations, rising office overhead, and diminished

autonomy. Physicians are depressed about their loss of control

and enormously frustrated by the complexity of the health

care system. They bristle at the need for regulatory oversight

and have a great deal of difficulty with any non-physicians

mandating any kind of activity or behavior, clinical or other-

wise. Their frustration boils over all too easily’’

(3)

.

An underlying physical, mental, or behavioral disorder

causing physician impairment may provide an explanation for

new-onset disruptive physician behavior. The AMA defines

physician impairment

as, ‘‘any physical, mental or behavioral dis-

order that interferes with ability to engage safely in professional

activities’’

(21)

. The 2000 AMA Report of the Council on

Ethical and Judicial Affairs addresses the subject of disruptive

behavior and physician impairment

(22)

. It states, ‘‘Whether

the disruptive behavior is the manifestation of an underlying

pathology or not, it is important that it be addressed. In some

instances, processes that already are established for grievances

or for dealing with impaired workers may be expanded

or may serve as models to address disruptive physicians’’

(22)

.

Of note, the term

physician impairment

has sometimes been

inappropriately applied to physicians who have returned to

good health, are substance-free and in a monitoring program,

or have successfully completed a knowledge or skill remedia-

tion course. Subsequently, it is not appropriate to label these

physicians either impaired or disruptive.

Understanding the triggers for disruptive behavior has the

potential to prevent or ameliorate such behaviors when

managing the high stress medical environment. Moreover,

identifying underlying physical or behavioral disorders can

address treatable causes of disruptive behavior.

IMPACT OF DISRUPTIVE BEHAVIOR

Disruptive physician behavior can result in significant medi-

cal, economic, and emotional consequences. Examples

include disharmony and poor morale, increased staff turnover,

incomplete and dysfunctional communication, heightened

financial risk and litigation, reduced self-esteem among staff,

reduced public image of hospital, and unhealthy and dysfunc-

tional work environment

(2,5)

.

The Joint Commission states, ‘‘Intimidating and disruptive

behaviors can foster medical errors, contribute to poor patient

satisfaction and to preventable adverse outcomes, increase

the cost of care, and cause qualified clinicians, administrators

and managers to seek new positions in more professional

environments. Safety and quality of patient care is dependent

on teamwork, communication, and a collaborative work

environment’’

(23)

.

One should not underestimate the impact of disruptive

behavior on morale. If the coworkers of the disruptive

physician see the behavior continue, they assume there was

no punishment. This is severely disheartening to those who

work hard, follow the rules, and are routinely professional.

Most important, problem behaviors can threaten the

performance of the health care team and subsequently can

adversely affect the safety and quality of patient care

(24)

.

ADDRESSING DISRUPTIVE BEHAVIOR

The AMA provides the essential steps an organization should

take to deal with disruptive behavior

(6)

. (

Table 1

) The Joint

Commission suggests 11 actions for addressing disruptive

behavior, including adopting a zero tolerance policy

(25)

(

Table 2

).

Once the ground rules have been established, the hospital’s

peer review process must abide by three principles (

Table 3

).

First, they must operate with a reasonable belief that they

are improving the quality of patient care

(26)

. Second, they

must only make their decision to revoke or refuse renewal

of staff privileges after a reasonable effort to obtain the facts

(27)

. The relevant inquiry under the second element ‘‘is

whether ‘the totality of the process leading up to the professio-

nal review action evidenced a reasonable effort to obtain the

facts,’’’ not a perfect effort

(28)

. Last, they must provide a

fair hearing. This includes proper notice of the hearing, the

reasons for the proposed action and a summary of the physi-

cian’s rights at the hearing. The hearing shall be held before

an arbitrator mutually acceptable to the physician and the

health care entity, before a hearing officer who is appointed

by the entity and who is not in direct economic competition

with the physician involved, or before a panel of individuals

who are appointed by the entity and are not in direct

TABLE 1. Essential Steps that an Organization Should Take to

Deal with Disruptive Behaviors as Outlined by the American

Medical Association.

!

Clearly state which behaviors will not be tolerated.

!

Adopt bylaw provisions or policies for intervening in situa-

tions where a physician’s behavior is identified as disruptive.

!

Establish a process to review or verify reports of disruptive

physician behavior.

!

Establish a process to notify a physician whose behavior

is disruptive that a complaint has been made, allow the dis-

ruptive physician to respond to the complaint, andmonitor for

improvement after intervention.

Accessed at

https://www.ama-assn.org/ama/pub/physician-

resources/medical-ethics/code-medical-ethics/opinion9045.page

.

Last accessed July 12, 2013.

Academic Radiology, Vol 20, No 9, September 2013

THE DISRUPTIVE PHYSICIAN: A LEGAL PERSPECTIVE

55