Comments (0)

If you are a doctor, you can probably look forward to at least one medical malpractice lawsuit brought against you over the course of your career. And if you happen to practice in a high-risk specialty, your chances of being sued only rise. Most of the time though, even when medical malpractice cases result in  verdicts against doctors, they aren’t called upon to actually pay anything. That’s what it says in a new study published in the New England Journal of Medicine.

The study, that looked at more than 40,000 physicians across the country, found that seven out of every ten doctors anywhere can expect to be sued for malpractice at least once; but only about one out of ten actually end up paying anything at all.

This really does put into perspective how doctors complain about how they can’t concentrate on practicing medicine when they are always being sued. While the rate at which lawsuits are brought against doctors really is high, they don’t ever have to worry about being found guilty. But it isn’t just being found guilty that doctors have to worry about. They need to worry about preparing to defend themselves they have to worry about spending on it. Since your typical lawsuit takes about five years to go through the court, that’s five unpleasant years spent by the doctor.

There are certain specialties that are more risky as far as medical malpractice cases go. A neuro surgeon or a cardiac surgeon usually faces a 20% chance of facing medical malpractice cases at least once in his career. A pediatrician or a psychiatrist faces the lowest risk of such occurrences. When a doctor does lose and a lawsuit is brought against him, usually on average, the payout is worth about a quarter million dollars. While that is not an inconsiderable sum, this isn’t close to the millions of dollars that golddiggers are reputed to try to hit doctors for.

In general, it’s quite clear that medical malpractice cases, while they do run rampant, don’t result in the kind of award often that it would make it difficult for doctors to practice at reasonable expense. All these lawsuits do mean that doctors try very hard to be on their guard all the time though. They practice defensive medicine – always trying to practice medicine for the best defense possible in a court of law should they be sued, instead of practicing to be efficient. They are always ordering all kinds of tests whether they are necessary or not, and doctors routinely try to stay away from risky procedures.

It can be rather difficult to determine whether it’s a good thing or not that people are given the right to sue when things go wrong for them. On the one hand, this allows them to force their doctors to be careful. On the other hand, it can make doctors so careful that they won’t even take necessary risks.

Comments (1)

by: Robert Thatcher

A patient comes to a medical professional to heal or treat an ailment. When the opposite happens, that the patient is injured or the situation worsens because of a mistake on the part of the health care provider, this is called medical malpractice.

Malpractice occurs when a doctor or a health care professional deviates from the standards which are accepted in the medical profession. It is mostly the doctor who has the final say in the procedure or treatment that a patient undergoes.

Once a medical practitioner veers away from the standard medical practice and it results to serious injuries or complications on the patient’s health, this is considered malpractice.

In cases where a medical practitioner is accused of malpractice, another health care professional is asked of the procedure that is applicable in the circumstances of the patient. He should have done what is expected of a practitioner who is under the same situation.

The worst case scenario is when a patient dies inadvertently due to the mistake on the part of the doctor.

First, take a look at the mistakes which classify as medical malpractice:

1. injuries relating to birth

2. incorrect dosage and dispersal of medicine or error with prescription

3. incorrect or delayed diagnosis of an ailment

4. improper treatment

5. surgery mistakes

6. failure to refer to a medical specialist

7. health complications from anesthesiologists

8. improper procedures performed on emergency rooms

9. abuse of patients in nursing homes, children’s ward and other medical institutions

10. mistakes with the general treatment of a patient

There are cases where a healthy part of the body is removed because of incorrect diagnosis. A delay in the delivery of a baby may result to more serious complications.

More specifically, malpractice occurs when the medical professional neglects to perform his or her duties on a timely and efficient manner. Just like with any other aspect in our lives, negligence would always have negative results.

In the medical profession, there should be zero tolerance for negligence because people’s lives and their health are at stake.

‘Medical Malpractice Laws and Cases’

The laws regarding malpractice in the United States may differ from state to state. They are changed from time to time and some laws may apply only to particular circumstances.

If you have a relative or a friend who may have suffered or died due to medical malpractice, then you may consult a lawyer in your state who specializes in such cases. Make sure that the lawyer that you will consult has an extensive experience in this field so that you will have the best legal support possible. You may also review past medical malpractice cases to learn more about this.

If you have a medical malpractice case, it would be difficult to immediately recognize whether you have a good or bad case against the health care professional.

Just like in criminal or corporate law, each case is unique and has its own downsides and merits. Your lawyer may need to work through all the details about the case.

Most of these cases are dragging and consumes a lot of your time and expenses. Talk with your lawyer before deciding to file a case. Most legal practitioners would first consider t he financial and legal merits of your case before they formally proceed to court.

Medical malpractice is a growing problem in the United States. When filing a medical malpractice lawsuit, make sure that you have a lawyer on your side who will adequately defend your rights.