Malpractice and How to Avoid It 

Medical malpractice occurs when a medical professional neglects to provide appropriate care, take appropriate action, or gives substandard treatment that results in harm, injury, or death to a patient. It may seem like simple logic to believe that healthcare professionals should just not make any mistakes, but that’s not always fair. Healthcare can be very complicated, involved, and solutions are not always clear. 

Healthcare providers are not responsible for all harm a patient may experience. However, they are legally responsible if the patient experiences harm or injury because the healthcare provider deviates from the quality of care that is normally expected in similar situations. 

Both acts and omissions can count as malpractice. For example, if a healthcare provider fails to act when a reasonably competent physician with similar training would have, the provider can be held accountable. By the same token, if a patient is treated, and the care fails to meet the standard that a similarly trained physician would provide, the healthcare provider is negligent. 

What Counts as Malpractice

Any significant failure by a healthcare professional to provide appropriate care can be considered malpractice. However, there are some common medical mistakes that are regarded as malpractice, these include: 

Misdiagnosis: Diagnosing someone with the wrong medical condition when an equally competent medical provider would have diagnosed the accurate condition can be considered malpractice. 

Delayed Diagnosis: A late diagnosis can be devastating and have serious consequences, including death. Not diagnosing a heart attack, cancer, or stroke early on when another healthcare professional would have identified the problem may mean the initial provider is responsible for the loss. 

Failure to Obtain Informed Consent: Before any medical treatment, the patient must be made aware of the process, the risks involved, and the alternatives available. If a medical professional does not have a patient sign off on this information, a malpractice claim may be filed. 

Incorrect Treatment: The expectation as a healthcare provider is that you will suggest and supply reasonable treatment for a medical condition. If you prescribe a treatment no other equally competent medical professional would, you could be held accountable. 

Surgical Malpractice: Surgeons are held to an even higher standard at times as surgery is invasive and serious. Examples of surgical malpractice include: 

• Operating on the wrong patient
• Wrong side operations
• Forgetting surgical instruments inside of a patient
• Removal of healthy organs or tissues 

If a surgeon makes a mistake that results in serious consequences for the patient, they may be held responsible. 

Consequences of Malpractice to a Healthcare Professional 

Being charged with malpractice, as a healthcare professional, can be life altering, especially in New Jersey. 

In New Jersey, there are two distinct types of damages that can be awarded to a patient: compensatory and punitive damages. Compensatory damages are not capped in New Jersey which means a jury can award as much as they feel is fair. Punitive damages can be sought once a patient wins compensatory damages. The court in New Jersey can award up to $350,000 or five times the number of compensatory damages, whichever amount is greater. 

While the monetary fines can be detrimental, the loss of reputation, revocation of a medical license, and loss of career may be worse. If you’re a medical professional who has been accused of medical malpractice, seeking legal advice immediately is advised. 

Lowering the Risk of Malpractice Lawsuits 

Medical malpractice lawsuits are not uncommon, in fact one in three providers is sued for medical malpractice during their career. While you cannot control every risk factor for being sued, there are some things you can do to lessen the risk. These include: 

• Documenting details thoroughly and properly 
• Obtaining written consent from patients before providing care
• Practicing good written and verbal communication skills
• Staying up-to-date on HIPAA and practice compliance 
• Understanding your insurance policy 
• Pursuing continuing education 

Medical malpractice lawsuits are going to happen, but protecting yourself by following these guidelines may help alleviate some of them. 

What to Do if You’re Accused of Medical Malpractice 

Medical malpractice lawsuits are complicated. A patient claiming malpractice must show that the medical professional was negligent and that the negligence resulted in great harm. An attorney defending against malpractice must know the law, but must also have knowledge in the medical field. 

If you’ve been accused of medical malpractice, you need to contact an experienced, skilled attorney to navigate the legal process. The team at the Law Offices of Robert J DeGroot can provide the competence you are looking for. Our knowledgeable defense attorneys will help you through the process and provide a detailed defense to erase or lessen the impact of the charges against you. 

If you or someone you know is facing a medical malpractice lawsuit, reach out to the team at the Law Offices of Robert J DeGroot today.