Not just patients, but healthcare practitioners are also affected by medical malpractice issues. The ramifications of malpractice for a physician are often severe and multidimensional. This article addresses the range of possible consequences of medical malpractice for physicians, the legal and professional aspects, and how our medical record review services can aid attorneys in these challenging cases.
Defining Medical Malpractice
We refer to the negligence of a healthcare practitioner which leads to injury to a patient as medical malpractice. Some examples of this are:
• Failing to Diagnose or Incorrect Diagnosis: Not recognizing a medical issue in a reasonable time frame.
• Surgical Mistakes: Mistakenly doing surgery on the incorrect body part.
• Errors in Prescribing: Wrong drug or wrong dosage prescribed.
• Lack of Informed Consent: Failure to sufficiently explain the details and hazards of a procedure to a patient.
• Patient Negligence: Monitoring or treatment of the patient fails to meet acceptable standards.
A case can only be classified as malpractice if certain legal conditions are met, such as showing how the actions of the health provider caused harm to the patient through their negligence in following the appropriate medicine practices.
Legal Implications of Medical Malpractice
Civic Responsibility
If a doctor is proven to practice malpractice, they become liable for civil cases such as those put forth by the patient or his relatives who have a right to seek damages for:
• Medical Bills: Payments for further treatments obtained due to the malpractice.
• Income Loss: Remuneration lost from failing to attend work due to the injury.
• Emotional Damage: Suffering amount to depiction for both physical and psychological trauma due to the malpractice.
In these circumstances, the burden of proof lies on the claimant to prove the case is valid above a mere 50% chance that the injury was from the doctor’s negligent actions in regard to his practices, which is less than that of a criminal case.
Prosecution
In some cases, these might escalate to severe cases where there was clear intent to harm or grievous negligence, in which case the doctor could be liable to prosecution and might incur:
• Punitive Damages: Payments made by the defendant to the claimant in court as a form of punishment.
• Supervised Release: Conditional release from detention which allows the individual to remain in the community.
• Custodial Sentence: Sentences where the individual is incarcerated and imprisoned.
Proof in criminal cases is made more difficult as compared to others, since evidence must be shown to be ‘beyond a reasonable doubt.’
Medical License Repercussions
Revocation and Suspension of a Professional Medical License
A major area of concern for physicians charged with malpractice is the medical licensure, which state medical boards have so much power over. Encumbering state actions may include:
• License Revocation: Loss of the right to practice medicine forever.
• License Suspension: Loss of the right to practice medicine temporarily after meeting specific prerequisites.
• Probation: Practicing medicine but subjected to close monitoring or restrictions.
Increase in a Physician’s Malpractice Insurance Coverage
Most doctors insured against financial losses incurred due to malpractice sue hold malpractice strategic insurance policies. But, once a physician is adjudged guilty:
• Increase in Premiums: Insurance companies will oftentimes raise premiums dramatically after a malpractice claim.
• Policy Non-Renewal: Certain carriers will allow policies to lapse and not renew them, so putting physicians in jeopardy.
The Importance and Need for the Review of Medical Records in a Malpractice Case
The attorney assigned a medical malpractice lawsuit incident may need additional assistance apart from other review services, and this is where we can assist:
• Policyholders Death Benefit: These records copies directly give evidence for identifying policyholders whose passing qualifies for benefits at marriage.
• Expert Insights: The department tender its opinion concerning the medical issues involved in the case to assist the attorneys to construct an argument for the case.
• Support in Litigation: We help with the preparation of documents and materials for the court so that any medically relevant information is presented properly.
Case Studies
Case Study 1: Overview of the Case
A well-known case involved a surgeon who was convicted for malpractice for carrying out an unnecessary surgery which negatively affected the patient’s health tremendously.
Challenges: The main challenge was to prove the procedure was both unnecessary and that it caused the patient’s complications.
Solutions: Our team of medical records review specialists carried out a thorough review of the patients’ medical records and proved there was no reason for the surgery. Together with the attorney, we provided expert testimony on the typical standard of care in such situations.
Case Study 2: Overview of the Case
In another case, a family physician was sued for malpractice for failing to give an appropriate diagnosis which resulted in a serious condition not being treated on time.
Challenges: The challenge was to prove that the misdiagnosis was a failure of the expected standard of care and that it was harmful to the patient.
Explanation: Our team examined the available medical records and noted several areas where the physician failed to follow accepted diagnostic protocols. We prepared an in-depth report that allowed the attorney to convincingly correlate the misdiagnosis and the patient’s deteriorating health.
Conclusion
The implications of being accused of medical malpractice are serious and wide-ranging as they not only pose a threat to the career of the healthcare professional, but their psychological state as well. Such matters must be appreciated by both patients as well as medical practitioners. We provide a review of medical records service to assist attorneys in dealing with malpractice cases in order to bring justice to the victims and ensure that they receive the compensation that is rightly theirs.
