What to do if You Are a Physician Being Sued For Medical Malpractice

As a physician, it is your job to look after your patients’ best interests at all times. Your patients’ health and safety is your number one concern, so when a patient is harmed under your care, they very often feel betrayed and will, therefore, file a medical malpractice claim against you. However, you can fight back. If you believe you are being wrongly accused of medical malpractice, you must hire an attorney who will aggressively combat those charges. If you find yourself in this situation, here are some of the questions you may have:

What constitutes medical malpractice?

Medical malpractice is a very specific charge. This means that a physician making a reasonable mistake or prescribing a treatment that did not have a positive result is not necessarily medical malpractice. Physicians make mistakes, just like everybody else. However, if it was a reasonable mistake stemming from an informed decision, a physician should not be charged with medical malpractice.

To prove medical malpractice occurred, someone will first have to verify that they were, in fact, your patient and that you, therefore, owed them a duty of care. They then must prove that you deviated from the accepted standard of care and that they were injured as a direct result of your actions. Next, the patient will have to prove that those injuries have caused serious damages, both financially and physically. Hiring an experienced attorney can protect you from medical malpractice claims.

What are some examples of negligent physician behavior?

When a physician behaves negligently, it is no mystery why people are harmed as a result. Some examples of negligent physician behavior are as follows:

  • Improper medication or dosage
  • Hospital infections
  • Delayed diagnosis
  • Misreading or ignoring laboratory results
  • Failure to recognize symptoms
  • Failure to order proper testing
  • Surgical errors
  • Unnecessary surgery
  • Premature discharge
  • Disregarding or not accepting appropriate patient history

What should I do if I am being sued for medical malpractice?

The truth is, medical malpractice is comparatively hard to prove when compared with other personal injury lawsuits. However, this does not mean you should take a medical malpractice case lightly, as it could completely bar you from practicing in the future. If someone files a malpractice complaint against you, you will most likely be investigated by the Office of Professional Discipline, or OPD. This investigation could very well lead to termination if you do not hire experienced legal representation to fight an unwarranted or unfair medical malpractice charge.

Contact our experienced New York City firm

When a medical professional is accused of misconduct, they must retain strong legal representation. If you require a medical law attorney for your legal matters, call Paul E. Walker, an experienced New York City OPMC & OPD Lawyer. Please contact the Walker Medical Law firm to set up a free initial consultation.