Facing a Medical Malpractice Suit? Avoid These Common Mistakes
Learn about some of the common mistakes to avoid if you are facing a medical malpractice lawsuit.
The New Medicare Fraud - MRA Scores and Medicare Surplus Payments
Physicians who treat geriatric patients are aware of the new direction Medicare patient treatment models are headed. To provide care and services to these patients increasingly require direct contracts with a Medicare Advantage carrier or a contract with a Management Services Organization.
Broward County attending physician held liable for $2,422,500.00 despite carrying malpractice insurance.
Another recent wrongful death lawsuit against an insured attending physician in Broward county demonstrates just how important personal counsel can be when the damages of a case threaten to exceed the limits of a physician’s malpractice insurance policy. In 2014, an attending physician, Dr. A.M., was sued for medical malpractice and the wrongful death of his hospital patient. A family medicine doctor, neurologist and cardiologist were also named as defendants. The case concerned a patient who presented with symptoms of Guillain-Barre Syndrome. The Plaintiff alleged that while this condition can be deadly, it is almost always survivable if a patient is properly monitored in an ICU setting.
Medical Malpractice Defense: Insufficient Credentialing
When a patient receives substandard care and suffers an injury or dies as a result, his or her treating physician can expect to face a medical malpractice lawsuit. It is rare for the provider to be the only defendant, though, because claimants want to recover as much compensation as possible. By naming multiple individuals or organizations in their claim, injured parties are not limited to recovering from a single insurance policy and therefore increase their chances of securing a sizable settlement. As a result, it is common for patients to sue the facility that employed their allegedly negligent doctor on the grounds of insufficient credentialing.
Medical Malpractice Defense: Misreading Imaging Reports
When patients undergo diagnostic imaging tests, it is reasonable for them to assume that the results will be detailed enough for their provider to interpret them accurately. Medicine is far from an exact science, though, and the images that result from X-rays, CT scans, and MRI machines can be challenging to read in certain cases.
Medical Malpractice Defense: ADA Violations
Implemented in 1990, the Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against people with disabilities. The ADA applies to numerous contexts including employment, pubic transportation, telecommunication, and medical care. Title III of the ADA covers private hospitals and clinics while Title II covers public hospitals and state- or federal-run clinics. Both sections require healthcare providers to accommodate patients with disabilities by ensuring full access to their facilities and modifying policies, practices, and procedures as needed so such patients can benefit from all the services they provide. If a facility fails to abide by these regulations, it can be sued for violating the patient’s civil rights.
Medical Malpractice Defense: Wrongful Birth
It is always tragic when a newborn sustains a birth injury or is diagnosed with a birth defect. Depending on the nature and severity of the infant’s condition, parents may incur millions of dollars in costs due to healthcare, mobility aids, medical equipment, and home care before the child has even reached preschool age.
Could I Lose My House in a Medical Malpractice Lawsuit?
Upon learning that a patient intends to sue you for medical malpractice, it is natural to imagine all the worst possible outcomes. In addition to worrying about your reputation, you may be concerned about losing your license to practice medicine or even losing your home and other assets. Although 80 percent of medical malpractice claims do not result in any kind of payout, 20 percent of these cases do result in compensation for the claimant, and monetary awards are often substantial. Therefore, even if the odds seem to be in your favor, you should turn to a medical malpractice defense attorney for help.
Medical Malpractice Claims: When to Settle & When to Fight
Most practicing physicians will face allegations of medical malpractice at some point in their careers. According to The New England Journal of Medicine, 75 percent of providers in low-risk specialties will face a claim by 65 years old, as will 99 percent of physicians in high-risk specialties such as neurosurgery and thoracic-cardiovascular surgery.