How to Avoid Becoming a Malpractice Victim

There are several ways you can avoid the horrors of suffering a catastrophic injury at the hands of a health care provider. It is not foolproof, but you can substantially reduce the risk if you take these simple steps.

1. Look your doctor up on the Medical Board website

Most states provide some important information concerning the status of the doctor’s license. Many states, California included, will list judgments and large settlements along with important discipline information.

If it looks like your doctor had problems, don’t let him become your problem.

In a recent case involving gallbladder surgery, the physician in question misidentified the common bile duct during surgery and completely removed a portion of that duct causing the patient a severe life threatening injury requiring a major repair surgery.

A look at the Medical Board website revealed that the doctor in question had been disciplined and was currently the subject of an investigation involving a surgical error resulting in the death of a patient.

The case settled for a substantial confidential sum before trial, in part, because of the doctor’s license issues.

If the client had taken the time to look at the Medical Board website she may well have learned that this was a questionable doctor and would have most probably avoided becoming his next victim.

2. Research your condition

With the internet you can quickly become very knowledgeable about your condition. You can learn the signs and symptoms, diagnostic tests and procedures, and treatment options.

Armed with basic data, you can ask intelligent questions and you can make an informed decision whether your doctor has the knowledge and skill to take care of your condition.

If you have any doubts about the doctor’s abilities, move on to someone you can trust.

In a recent case a 51 year old man began to experience new onset of chest pain while resting in his bed. He went to his doctor who conducted an office EKG and told him everything was fine. It was not fine.

If the patient had done a basic internet search using the terms “chest pain” and/or “new onset” and/or “at rest”, he would have quickly learned that he was most probably suffering from unstable angina which is a medical emergency.

The basic research would have also led to the discovery that office EKGs are notoriously inaccurate and that this condition almost always requires hospitalization and cardiac enzyme testing to determine if there has been heart muscle damage.

In this patient’s situation the doctor did not do what was required and as a result, the man died leaving behind a widow and two young children.

This case went to trial and resulted in a unanimous plaintiffs’ verdict in the amount of $4.6 million.

3. Get a second opinion

Even if you like your doctor and believe that he or she has gotten it right, if the condition warrants, you should get a second opinion. Doctors sometimes disagree substantially on how to diagnose and treat. Medical knowledge is quickly and constantly advancing. A second opinion may disclose that your doctor may not be current and, even if the second opinion confirms what you heard from your doctor, you will have the peace of mind that there is agreement on how to take care of you.

In a recent case a client underwent reconstructive breast surgery after mastectomy and chemotherapy by a plastic surgeon. The surgery entailed a major tissue transfer and transplant. The surgery was a failure. The vascular supply to the transplanted tissue was inadequate and the tissue died. The patient who had already endured the ravages of mastectomy and chemotherapy suffered the additional insult of more disfigurement with no hope of a breast reconstruction.

If the client had gotten a second opinion she would have learned that the plastic surgeon was using an outdated technique with a high probability of failure in her clinical situation. With a second opinion the patient would have learned that there is a better way to do it and she most likely would have successfully undergone reconstruction with a satisfactory result.

This case settled during trial for the maximum statutory amount.

Conclusion

If you follow these common sense steps and become your own patient advocate, you may well avoid a life changing injury.