Physicians Should First Do No Harm

Imagine waking up from surgery and discovering doctors had operated on the wrong body part. You can’t fathom how a medical mistake on this scale could happen. You trusted your physicians. The consequences are too daunting to contemplate, i.e., more surgery; more medical expenses, a longer recuperation period and a longer period before you get back to work for your family.

Medical Negligence Events and Awards

Medical negligence can be rendered with—or without—deliberate intent to injure the patient. An example of “deliberate intent” is when a physician uses a medical treatment to camouflage an injury of the patient for some personal gain. Here’s others:

Event: Sponge emerges seven months after a cesarean delivery.

Claim: Staff was negligent.

Surgeon Defense: The nurses who assisted in surgery were responsible.

Verdict: $110,410 Illinois verdict against the surgeon.

Event: Birth was delayed to 41 weeks.

Claim: ObGyns should have induced labor and performed cesarean delivery before 39 weeks; child suffered birth asphyxia, thrombocytopenia, hypocalcemia, and cerebral palsy.

Verdict: $1.1 million Michigan settlement.

Event: Nurse reassures new mother who didn’t feel well after hospital discharge. Ten days later she dies of a pulmonary embolism.

Claim: Physician and nurses failed to respond properly to patient’s complaints.

Defense: The patient was monitored properly. An embolism is a sudden event.

Verdict: $867,273 Tennessee verdict. Physicians group paid 70% and hospital paid 30% of claim.

Event: Permanent nerve damage due to an error made during a surgical biopsy.

Claim: Surgeon didn’t make incision in the correct location.

Defense: Surgery didn’t cause injuries.

Verdict: $1.27 million award.

Some Physicians Practice Defensive Medicine

For doctors, the specter of malpractice liability can overshadow the marvel of practicing medicine in this era where medical science has brought great innovations in patient care, new chemotherapeutic agents, coated stents, and minimally invasive surgery.

Physicians know if they are found liable in a malpractice claim, they can face suspension, loss of medical license, and damaged credibility within a well-respected profession. Physicians response to liability concerns vary: some increase advocacy and lobbying for lower malpractice insurance fees; some relocate to areas with lower liability risk while others focus on practicing defensive medicine and countersuits.

Practicing defensive medicine: When physicians order tests that are totally unnecessary to protect themselves from lawsuits and provide additional care to patients to assure them they have been properly evaluated or treated. Another example of this strategy is when physicians avoid treating patients that may be at higher risk for adverse outcomes, and thus, at higher risk for filing lawsuits.

Using countersuits: When subjected to unreasonable litigation by a patient or a patient’s attorney, physicians countersue. Countersuits are legal, but some medical veterans question whether they are ethical for physicians to pursue. Physicians have a fiduciary duty to put their own interests aside for their patients. Using a countersuit strategy, or the threat of one, to deter patients from seeking due recovery would be contrary to their ethical obligations.

Practicing without malpractice insurance: When physicians choose to “go bare” and practice without securing sufficient professional liability insurance coverage.

Don’t let physicians who practice defensive strategies intimidate you. Seeger Weiss medical malpractice attorneys can help you fight unjust practices and get you the just compensation you deserve. Fill out this form for FREE case evaluation today.

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