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ExpertBeacon Article: Take action to avoid becoming a victim of medical malpractice

Take action to avoid becoming a victim of medical malpractice

John E. Leighton, Managing Partner

No one wants to be a victim of medical malpractice. A missed diagnosis, a wrong prescription, or a surgical error can have tragic consequences for patients and their families. Therefore, it’s important to understand the risk factors when dealing with doctors, hospitals, and other healthcare providers.

Cartoon with check mark

prepare a list of questions and bring them to your next appointment
thoroughly review your doctor`s credentials
know if your doctor has any stains on his record
check if your doctor carries malpractice insurance
make sure the doctor has substantial experience performing the procedure/treatment you will be receiving

Don’t

Cartoon with x mark

go to the doctor or hospital without a patient advocate
sign any waivers or documents without truly understanding them
withhold information from your doctor about medications you`re taking
let the insurance company decide what doctor you see and what treatments you receive

Do

Do prepare a list of questions and bring them to your next appointment

It’s easy to forget important questions when talking to a busy physician in the examination room. So write them down in advance and bring them to your appointment, along with a pencil, pen, or tablet.

Do thoroughly review your doctor`s credentials

An important step for patients, and one that is often overlooked is to conduct a thorough background check on your doctor. Look for a surgeon or physician who is board-certified in the right specialty. Other items to research are where your doctor went to medical school, and if they completed a residency or fellowship training. A good place to start is the American Medical Association’s Doctor Finder.

Do know if your doctor has any stains on his record

Go online to your state’s medical board site and make sure that your doctor holds a current license. You can also check for any disciplinary actions or malpractice lawsuits. Keep searching and you may be able to read and evaluate posted commentsgood or badfrom the doctor’s patients.

Do check if your doctor carries malpractice insurance

Most but not all doctors carry malpractice insurance. You want to know if your doctor is willing to take financial responsibility and if he is even able to qualify for insurance. This is important because the policy can provide financial compensation if you become a malpractice victim.

Do make sure the doctor has substantial experience performing the procedure/treatment you will be receiving

See how long the doctor has been in practice, and the types of cases he or she typically handles. Many surgeons, for instance, develop an expertise in certain procedures, such as knee or hip replacementsan important consideration when choosing a doctor.

Don’t

Do not go to the doctor or hospital without a patient advocate

Bringing someone with you to your doctor`s appointments or hospital visits can greatly reduce the chances of miscommunication. After all, you want to be sure you understand exactly what the surgery or treatment is meant to do, as well as the potential risks.

Do not sign any waivers or documents without truly understanding them

Prior to surgery or treatment, you will be asked to sign a number of papers, including giving your consent to the doctor’s services. Take the time to read these documents carefully. In fact, you could ask to take them home with you and return with them in the morning. Otherwise, you could “sign away” some of your legal right.

Do not withhold information from your doctor about medications you`re taking

Your medications can affect how your body responds to treatment, especially if you will be undergoing anesthesia for surgery. Even non-prescription medicines like aspirin or vitamin supplements can affect your body. Therefore, be sure to give your doctor as much information as you can in advance of treatment.

Do not let the insurance company decide what doctor you see and what treatments you receive

If you have a serious injury or a chronic medical condition, your insurance company may try to direct you to a particular physician. Try to resist that pressure, which may be driven by cost considerations. Seek out a physician with expertise and experience in treating your condition. As a patient, you want the best possible medical carenot the cheapest.

Summary

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Most doctors, physician assistants, nurses, and other providers are competent, caring professionals who do the best they can to treat their patients. But there can be big differences in terms of their expertise and experience. Even the best professionals make mistakes from time to time. Therefore, you need to do your homework, understand the risks, and take action to avoid becoming a victim of medical malpractice.

More expert advice about Accident & Personal Injury Law

Take action to avoid becoming a victim of medical malpractice
Protect your health and your accident case when you have a traumatic brain injury
Car accident? Know the facts in filing insurance claims
How to survive a car accident
Overcoming any medical malpractice situation can be done if you are fully prepared

Photo Credits: “Lady Patient And Medical Instrument” by Sura Nualpradid/freedigitalphotos.net; Check Man, Cross Man and Jump Man © ioannis kounadeas – Fotolia.com

John E. LeightonManaging Partner

John Elliott Leighton is the Managing Partner of Leighton Panoff Law, P.A. based in Miami, Florida. Mr. Leighton litigates and tries significant cases on behalf of individuals throughout Florida and the United States. He has been called upon to provide…

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