Written by Stephen Lim Lic # 0M66738
5 Physician’s Frequently Asked Questions About Medical Malpractice
In recent years, the number of cases for alleged medical malpractice against physicians increased dramatically worldwide. However, many of them are unfounded. For this reason, it’s necessary to develop concrete actions in the area of risk management, adopting a proactive and anticipatory attitude to prevent lawsuits.
In our experience as professional medical liability insurance advisors, we receive frequently asked questions about medical malpractice that doctors want to know each time they contact us. Here are some of them:
When does medical negligence occur?
The term malpractice was used in the United States from the 1960s. It indicates a series of events in which a doctor is accused of uncaring his/her patient efficiently. This can happen when the doctor prescribes treatment out of date, or that it hasn’t been approved by the general medical community.
Medical malpractice happens when a patient's health has negative outcomes as a result of a medical act (e.g., surgical development, a wrong pharmacological prescription). It also happens when the physician is responsible for omitting something (i.e. a late diagnosis) that could have significantly improved the patient's quality of life.
For negligence to be actionable, there must be demonstrable damage to both physical and mental health.
This action not only refers to an error or carelessness during a diagnostic examination or biopsy, but it also applies when the physician consciously damages an individual's health.
Who can conclude that a doctor did malpractice?
Logically, a patient wants compensation when he or she was mistreated or harmed by a physician. However, in legal terms, this is more complex than it seems.
If a patient has temporary or permanent damage, only the professional opinion of another specialist can resolve whether it was caused by negligence. Neither the patient nor his or her family can prescribe that the symptomatology was made by human error. Of course, the judge hearing the case will have the final legal word...
If you or a colleague is going through a negligence process, visit our Guide to navigate a malpractice case.
What kind of errors can lead to medical malpractice?
Many doctors believe that any ruling, no matter how small, can bring them to court. But not all slips are considered negligence (at least not legally). These are the most common flaws appealed as medical malpractice:
Intervention without approval: Physicians are tied to the patient or family members' consent, even in an emergency. Whether or not the surgery is successful, if is performed without authorization, it can be reported.
Not informing the patient about a medical intervention: If the risks and complications that may arise during or after a medical act aren't reported precisely, the patient of family members can claim that he or she didn't have the opportunity not to accept.
Making the wrong diagnosis: When a doctor confuses symptoms and begins unnecessary treatment; physical, moral, and economic complications can be unfavorable for the patient or family members.
Doing a failed surgery: It happens if the patient dies even when there were high chances of surviving or if the intervention generates new symptomatology.
Technical accidents: They can range from injuries due to incorrect handling of therapeutic techniques (such as muscle tearing after physiotherapy rehabilitation) to leaving surgical elements inside the patient.
Unseeing an evident problem during diagnosis or treatment.
Acting below the standard of general medical care: Proven by expert testimony or naive errors.
Lack of knowledge of the medical duties inherent in their profession: For example, the need to draw up a documented file on each patient. The accurate preparation of medical history and informed consent are the most important evidence to face a trial.
How to prevent medical malpractice?
To err is human, but doctors cannot afford to make mistakes.
No matter how much experience you have, any doctor is at risk of being sued for malpractice. As a health professional, it's important to act consciously to avoid any action that leads to a legal or ethical conflict.
If you aren't comfortable with your patient or are unsure of recognizing the symptomatology, pass the case on to a colleague who can handle it.
Be sure to keep an organized and detailed record of each patient. Leave all the necessary notes to properly evaluate the individual and write down the diagnosis and treatment to be carried.
When you are mentally burned, take a few minutes to rest. Having your body and head in place in a hospital ward is essential to avoid making technical mistakes. Check out our blog post to learn how to manage work-related stress.
Maintain a cordial relationship with your patient. Many judicial misunderstandings could have been resolved face-to-face with respectful communication.
Be professional. Don't share a patient's medical data with others outside the case (unless you ask a colleague for advice). Patients have the right to reserve their diagnosis to third parties.
Constantly assist your patient whenever necessary. When your turn is over, leave another resident in charge of the case. Care is vital to the patient's recovery from distress and to evade predictable complications.
Use techniques and treatments supported by the general medical community.
When to seek medical malpractice insurance?
You never know when accidents fall. Medical malpractice poses a risk to both the patient and the doctor, so it's important to have legal backing.
Having medical malpractice insurance is a risk management strategy that facilitates procedures and opens a channel of negotiation for the insured physician and his or her patient.
If possible medical malpractice is suspected, the first thing to do is seek advice from a professional. You will be asked for the plaintiff's medical records and the doctor's testimony of the facts.
Do you want medical malpractice insurance? Ask us for advice and consult our insurance plans for complete, safe protection!
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