What is Medical Malpractice?
It is substandard care by a health care provider that injures a patient. In a malpractice action the patient must prove what is the standard of care. In addition the patient must prove a breach of that standard. Also you must prove that the breach injured you. Finally you must prove what that damage is.
Malpractice Cases-Background Checks
Before any suit is filed against a doctor, available sources of info on a doctor should be checked out. In addition checking out a doctor’s background will better equip you in terms of coming up with questions for the doctor.
Public Records
- In Virginia, you may contact the Board of Medicine at (804) 662-9388. Write to the Board of Medicine at 6606 West Broad Street, 4th floor, Richmond, VA 23230-1717. Go to their website in order to get background info on a doctor. The Board will give you basic info about that doctor. They will provide the issue date of the medical license and the date it expires. Also they will provide info whether there has been any discipline against the doctor
In Washington, D.C., you may call the Board of Medicine at (202) 724-4900. You will be given the same info as what Virginia gives. - Check court records for other cases. This may assist with any claim that the hospital was at fault in keeping this doctor on staff.
- Info from when the doctor applied for a license may be fruitful.
- Criminal record check may provide some surprises.
- Court filings including bankruptcy may give some clue as to the doctor’s wealth or holdings.
- Title search of the local land records will show real estate transfers. In addition it will show attempts to foreclose and debt against real estate.
- Board certification scores and test results may give a clue as to academic prowess.
Private Records
- Records maintained by a hospital on the doctor may provide a wealth of info.
- Employment records.
- Auto registration and driving records.
- LEXIS and/or WESTLAW search may provide info about any prior cases. Likewise, the Trial Lawyers deposition bank may provide info.
Some websites that may be helpful in that regard are the following:
- The American Medical Association maintains a doctor find list that contains background info about doctors. Go to Google and key in “doctor find”.
- Healthgrades.com reports on doctors. State license boards offer info on doctors that are licensed in that state.
- Public Citizens Questionable Doctors is a database. It has info on actions against doctors.
Malpractice Cases-the Proper Parties
In medical malpractice cases, lawyers are sometimes accused of suing too many people. Sometimes that is necessary. Sometimes the lawyer does not know exactly who the culprit is. That may not be known until you get further into the case. If you feel that you know who the right defendants are and they are doctors or nurses, there may be some logic in trying to reach a deal with the defense attorney to only sue the entity and not sue the individuals. However the entity should admit:
- These people are employees or agents.
- If the people have any liability, then the entity takes on that liability.
- Whatever insurance coverage the entity has will apply to the actions of the individuals.
- If you need the people to appear for a deposition or at trial, they will appear without the need for a subpoena.
- What the people say in depo can be used as if they were a party.
Malpractice Cases-Identifying the Standard of Care
Standard of care loosely means what the reasonably prudent doctor would do in that case. In most cases the standard of care is not in writing. Instead it is a product of one doctor saying what the standard is. In other words the standard that applies to your case may be disputed. As a result the plaintiff may say the standard is “X”. The defendant may say the standard is “Y”. It then becomes a question for the jury or judge to decide what is the standard in this case. Call, or contact us for a free consult.
See the posts on this site dealing with standard of care issues:
standard of care issues defendant’s perspective
standard of care issues plaintiff’s perspective
National Standards
The standard may vary from locality to locality. Also it may vary from state to state. However in most specialties the standard is a national standard. However it need not always be so.
In order to prove that standard you need to retain a doctor with experience in that field. She must state what the standard is that applies to the treating doctor. Also an expert should state the standard was then breached.
The certificate requirement in the Va. Code as to standard of care and causation does not apply in a diversity case.
An Objective Standard of Care
The concept of standard of care is basic. It is the footing of your case. It is not what a single doctor thinks should be done. Rather it what the reasonable doctor does. It is an objective standard. It is not subjective.
Practice Guidelines have been published by a number of groups to guide doctors. They may deal with certain conditions. Hence guidelines can be helpful in a medical malpractice case. They may help define what is the standard. However they can also be your foe.
In 2010 the Affordable Care Act provided for the office of Health Policy and Research. It was to develop practice guidelines. These were to establish the legal standard of care. In addition they could serve as a “safe harbor” for doctors. If the doctor complied with the guidelines then the doctor was “safe”
Hospitals May Set the Standard of Care
In Rauchfuss v Schulz 90 Va Cir 493 a hospital and radiology group were ordered to produce redacted copies of Employment Agreements. The hospital had required that the primary findings from radiology be reported first in written reports. This way it was clear to the treating doctor what was primary. However, in this case the radiologist did not comply. He put the primary finding at the end of the report.
The trial court ruled that the contract between the doctor and the hospital should be produced to the plaintiff. The hospital in effect set the standard for the doctor. Call or contact us for a free consult.
Sexual Assault Is A Per Se Violation
Sexual assault by health care providers is not unheard of. In reviewing cases of this nature you need to review the following:
Was It Reported
- Was the sexual assault reported to the police? If not, it will have to be once the client is ready to do so. If the client is not ready then she may need treatment as a prelude.
- Has the client ever been sexually assaulted before? If so, was there a civil claim made? Was there any treatment?
- The carrier for the doctor may deny coverage or reserve its right to do so.
What Is The Verification
- Is the client willing to undergo a polygraph exam? A refusal is a factor in looking at the overall merits of the claim.
- Did the doctor have a policy of having a female chaperon present?
If you have been sexually assaulted by a doctor or feel you are the victim of medical malpractice and have a basis for making a claim, contact us.
Also for more information about medical malpractice cases, see the other pages on this site and see also the pages in Wikipedia. For more information about medical malpractice see the other posts on this site:
professional malpractice attorney
finding a medical malpractice lawyer .
medical malpractice alzheimer’s
anesthesia medical malpractice
medical malpractice birth injuries
medical malpractice breach
medical malpractice breast cancer
medical malpractice cancer treatment
medical malpractice heart disease
cataract surgery malpractice
medical malpractice causation plus defenses
chiropractic malpractice
medical malpractice communication issues
diabetes medical malpractice
dietary malpractice
medical malpractice drug injuries
esophageal reflux medical malpractice
fraud in medical malpractice
gallbladder surgery medical malpractice
gastric bypass medical malpractice
gynecological surgery medical malpractice
hand injury medical malpractice
hospital malpractice
infection medical malpractice
medical malpractice informed consent
injection malpractice
forensic laboratories malpractice
lyme disease medical malpractice
medical malpractice consisting of misdiagnosis
neurological medical malpractice
nurse malpractice
nursing home malpractice
obstetric medical malpractice
orthopedic medical malpractice
orthopedic medical malpractice joint replacements
osteopath healthcare providers
pharmacy malpractice
plastic surgery medical malpractice
podiatric malpractice
preventing medical malpractice
robotic surgery medical malpractice
stroke malpractice
suicide medical malpractice
medical malpractice surgery
trauma surgery medical malpractice
