“By all that I hold highest, I promise my patients competence, integrity, candor, personal commitment to their best interest, compassion, and absolute discretion, and confidentiality within the law.”
That is the first line in the Hippocratic Oath. As explained to med students at the University of Pennsylvania, it is an oath that is “administered to the young physician upon entering the profession.” That oath is meant to be more symbolic than legally binding.
When there is an issue with the level of care provided by a medical practitioner that falls outside of the law, it becomes a matter for the courts as a case of medical malpractice.
Understanding Medical Malpractice
Medical malpractice is based on negligence from a medical practitioner or entity. You could bring a case of malpractice against someone if they engaged in any of the following negligent actions:
- Failure to diagnose or misdiagnose a condition
- Failure to follow proper treatment procedures
- Improperly informing a patient of risks or possible side effects of a procedure or prescribed medication.
The list of potential at-fault parties in these kinds of cases includes the following:
- Doctors
- Nurses
- Anesthesiologists
- Health care facilities
- Insurance companies
- Pharmacists
One of the most common medical professionals to be named in a malpractice claim is the doctor, who is the one leading the team for your care. All the decisions should be made or approved by that doctor.
If you do file a claim, can a doctor still practice medicine after a medical malpractice lawsuit? A lot depends on the case and the outcome.
State Board of Medicine
Before a doctor can practice medicine, they must be licensed by the State Board of Medicine.
The Board regulates the following healthcare professionals:
- Medical doctors
- Physician assistants
- Radiology technicians
- Respiratory therapists
- Nurse-midwives
- Acupuncturists
- Practitioners of oriental medicine
- Perfusionists
- Behavioral specialists
- Athletic trainers
In addition to providing licenses, the Board also has the authority to take disciplinary or corrective action against any of those professionals who might be found to be negligent.
When a doctor is sued for medical malpractice, the Medical Board is made aware of the situation, but that doesn’t automatically translate into the doctor losing their license.
A medical malpractice claim is typically resolved in a civil court. That court would not have jurisdiction over the doctor’s license. They can only rule against them for medical expenses, lost wages, and pain and suffering.
The issue of retaining a license is handled outside of the civil court and with members of the Medical Board. A doctor can only lose their license if the Medical Board finds them culpable of acts of gross negligence. For instance, if a doctor is found to be intoxicated while performing a procedure, that can be grounds for the removal of their license.
The Medical Board can also institute probation, practice limitations, or other legal consequences.
Malpractice Guilty Verdict
According to a report published by the National Library of Medicine, eight out of ten medical malpractice cases that go to trial result in no judgment against the doctor. However, doctors who are found guilty and whose license is not revoked are still entitled to practice medicine. The problem for the doctor is that their professional reputation can be impacted.
It is important to note that medical malpractice claims are a matter of the public record. That can result in the loss of patients and fewer new patients. For patients who remain under their doctor’s care, there can be feelings of mistrust, which can make for extremely stressful situations.
A doctor who has been found guilty of medical malpractice will also have increased insurance premiums. Those costs can be passed on to the patient, making their care more expensive.
Negative Outcomes
What happens if you lose your malpractice case against a doctor? You obviously might not receive any compensation, but you could also be responsible for paying the defendant’s legal bills. You are also entitled to appeal the ruling. In order to avoid that negative outcome, you want to make sure that you have an extremely strong case.
The attorneys at Shrager, Sachs, & Blanco will only take on a medical malpractice case if we feel it has merit. Before we can make that evaluation, we need to hear what happened to you, review the evidence, and speak with our medical experts.
Our goal is always to ensure our clients are kept informed and provided with the right guidance for how to proceed.
