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Malpractice

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Becoming a doctor is one of the most rewarding yet challenging career paths to embark on. You have to go through years of school, pass complicated exams, and work through residency programs before even beginning your career. It is not until you successfully complete all of your schooling and survive your residency that you officially get your license and become a doctor.  However, once you become a doctor, it is essential to keep your license in good standing in order to continue your practice; losing your license through disciplinary means could be detrimental to your career, reputation, and livelihood.

If you plan on having a long successful career in healthcare, it is essential to avoid any mistakes that could lead to malpractice and the revocation of your medical license. Here are the top 5 most common reasons doctors lose their licenses.

Insurance Fraud

It is crucial for a doctor to be honest and ethical throughout all aspects of their work, especially when working with insurance companies. Make sure you always use the correct insurance codes and never change medical records. It is also unethical to charge uninsured patients different rates than insured patients. If you knowingly do any of these things, you risk criminal charges and losing your medical license.

Prescription Violations

Proper medication can be one of the best ways for a patient suffering from an illness or injury to heal and maintain their health. As a licensed doctor, you have the power to prescribe medications as you see fit to all of your patients. But with great power comes great responsibility: If a medical licensing board discovers that you are prescribing unneeded medication, prescribing the wrong medication, or abusing your power in any way, they could initiate an investigation and revoke your license immediately.

Substance Abuse

While working as a doctor is fulfilling, it is also stressful and mentally draining. The physician’s lifestyle can take its toll, and it is not uncommon for doctors to turn to drugs and alcohol in order to cope with their reality. According to American Addiction Centers, at least 15% of doctors suffer from substance abuse at least once throughout their careers. Data shows that alcohol is one of the most widely abused within the medical community; and since doctors have easy access to potent opioids, prescription pills abuse is also prevalent among doctors.

With that being said, doctors need to be substance-free and level-headed while on the job. Getting caught while under the influence could lead to losing your license and, therefore, your practice. At the same time, if you are honest about your substance abuse, licensing boards will help you find treatment.

Discrimination

A doctor’s responsibility is to treat and care for their patients without judgment. Therefore, it is crucial for doctors to treat each patient with equality and respect. Doctors who discriminate against either patients or staff based on their race, gender, or religion, can lead to significant issues within the licensing board. If, after an investigation, they find you guilty of discrimination, you could lose your license for good. 

Abuse and Misconduct

Last but not least, if a doctor is found to be taking advantage of a patient or staff member in a physical, sexual, or abusive manner, or mistreating them in any way that inflicts harm, their license could be revoked. Abuse can be defined as any act of verbal or physical assault, unsolicited sexual advances, or an unethical relationship. As a doctor, you are held with a substantial amount of trust from both patients, families, and staff members. It is vital to uphold your role as a medical care provider and act in an upstanding and respectable fashion.

Keeping on the Straight and Narrow

There are many reasons why doctors end up losing their licenses and ruining their careers. However, if you are careful to follow all of the rules and work ethically, you will have a long and fulfilling career as a doctor.

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When you visit your doctor, you expect the best possible care, right?

While doctors get held to a high standard, mistakes can and do occur often. Doctors are not infallible, so they can’t always be perfect. Despite that, a medical mistake can be fatal.

What are the different types of medical malpractice? What are your legal options after such an incident? Keep reading to get all the details.

What Is Medical Negligence and Malpractice?

Medical malpractice happens when a patient gets injured by a doctor’s negligence. Negligence means the doctor failed to act with or provide reasonable care.

Here are the basic elements of medical malpractice:

  • A relationship existed between the patient and the doctor
  • The doctor failed to act with reasonable care
  • This negligence caused an injury to the patient
  • The injury led to damages

It’s challenging to distinguish between medical negligence and a reasonable error. How do courtrooms make a determination? Often, medical experts testify on behalf of the victim.

Malpractice examples usually mean the doctor’s care fell below the standard of care. It means another doctor would have taken a different course of action.

Common Types of Medical Malpractice

Can you imagine attempting to diagnose a wide range of health conditions daily? This is the reality for thousands of doctors.

Mistakes happen on a regular basis. Here are some of the most common examples of medical malpractice:

  • Misdiagnosis
  • Delayed diagnosis
  • Failure to diagnose
  • Medication errors
  • Unnecessary or wrong-site surgery
  • Improper aftercare
  • Failure to order the proper tests
  • Failure to consider a person’s medical history
  • Failure to warn patients about the risks of treatment

Medical errors are currently the third-leading cause of death in America. Victims who survive continue to suffer from physical pain and financial loss. What are a victim’s options?

Criminal and Civil Remedies

Victims injured by malpractice may have both criminal and civil legal options. You can pursue criminal charges to punish the perpetrator, or seek a civil lawsuit.

Medical malpractice is sometimes considered a crime. Criminal sanctions are usually reserved for incidents that involve one of the following elements:

  • Extreme recklessness
  • A clear intention to hurt the victim
  • “Never” events like wrong-site amputation
  • Intentionally performing unnecessary procedures for financial gain (health care fraud)
  • Death or disability caused by gross negligence

Medical malpractice suits seek financial compensation from the responsible healthcare provider. Compensation in these malpractice suits pays for medical bills and pain and suffering.

Are you considering filing a medical negligence claim? Reaching out to a Vanderbilt medical malpractice lawyer is your best option. An attorney will help you access the medical witnesses, evidence, and legal tools you need.

Recovering From Medical Malpractice

These types of medical malpractice all have serious consequences on a patient’s life. Physical harm may be irreparable, but there are legal remedies available to you.

Have you or a loved one ever suffered from medical malpractice? Were you able to seek out criminal or civil justice? Share your stories with us by leaving a comment in the box below.

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Believe it or not, medical malpractice is a more common occurrence than you would think. The fact that someone in a medical position could make a mistake isn’t nice to think about, but it’s something that does happen.

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On average, three billion is spent every year on medical malpractice payouts. That’s a huge amount of money, isn’t it? That’s just how much is spent in the US, let alone across the rest of the world. Then there’s the fact that medical malpractice is, in fact, one of the most common causes of death. In the US alone, medical malpractice is the third most common cause of death. That’s a high statistic for something that in most cases is avoidable. Of course, there are times when it’s no avoidable. It’s important to remember that accidents can happen.

A lot of people prefer not to talk about medical malpractice, but it’s something that needs to be talked about. Believe it or not, it can happen to anyone. And when it does, medical malpractice can have life-changing results. Whether a medical procedure has gone wrong or the incorrect drugs were prescribed, medical negligence can have a big impact.

What are the results of medical malpractice?

Being a victim of a medical mistake can have a range of side effects, depending on what actually went wrong.

For example, there are cases where the wrong limb was amputated, changing the person’s quality of life forever. There are cases where drugs that have been linked to cancer have lead to a patient suffering from this disease. Then there are birth defects caused by a pregnant woman being described the wrong medication. You get the idea; medical malpractice can be any medical procedure or drug that is accidently done or prescribed and has adverse results.

What can you do about it?

If you’ve been the victim of medical malpractice, the first thing you need is proof. This is important as without proof, you have no evidence that the medical professional who treated you is behind what’s happened.

Once you’ve got proof, the next step is to get legal help. Ideally, you want to opt for specialist help. For example, if you have been prescribed a drug that’s caused damage to your body or your unborn child, you need to consult a drug injury lawyer. It’s always best to hire a specialist in their field, as this makes it more likely that you’ll win your case.

Is there a way to prevent it in the first place?

Whether or not we are able to prevent medical malpractice is somewhat of a gray area. While being proactive about your care, researching medicines, and choosing good facilities can help. It’s important to understand that accidents can still happen. No matter what, you’re not ever in complete control of medical treatment. Accidents can happen. However, they are rare.

Medical malpractice is a rare but growing issue, especially in western medicine. Each year, the amount of cases of medical accidents and injuries rise, with more and more people being seriously affected.