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3 Commonly Asked Questions About Medical Malpractice

Admin • June 2, 2021
Medical records and Stethoscope — Los Angeles, CA — Spiga and Associates

Being a doctor is a rewarding career because you get to help people and save lives. However, the medical field can be fraught with medical malpractice claims. Even the most careful doctor might make an error that leads to a lawsuit. If you would like to learn more, check out these three commonly asked questions about medical malpractice.

 

Can You Lose Your License for Medical Malpractice?

 

If a patient feels your negligence or errors caused an injury, they will likely file a lawsuit. However, this doesn't mean your license is immediately revoked. In fact, the courts don't have the authority to take your license. Their sole goal is to ensure the plaintiff is made whole again. Of course, the lawsuit and complaint must be reported to the Medical Board of California.

 

The board may conduct their own investigation. Your license may be suspended for a period as punishment, but in most cases, you won't lose your license except in extreme situations. For example, if the board found that you were grossly negligent or committed fraud, you can lose your license.

 

What Is the Statute of Limitations on Medical Malpractice Claims?

 

Medical injuries may appear immediately, but in some cases, it takes time to fully understand the extent of the injury and the long-term consequences. For this reason, a patient is given a reasonable timeframe in which to file the claim.

 

In California, the statute of limitations on medical malpractice claims is three years after the date of the injury. Naturally, this also protects you against sudden malpractice claims from 10 years ago. However, if the case involved fraud by anyone, the statute of limitations may be lengthened.

 

In addition to a three-year statute of limitations, California puts a cap on non-economic damages. Non-economic damages include physical and mental pain and suffering. These kinds of injuries can affect a person for the rest of their life, making them become costly fast. For this reason, California has a cap of $250,000 on non-economic damages.

 

What If the Patient Was Partially Responsible?

 

In some cases, the doctor is totally responsible for the injury because of their negligence. However, sometimes, the patient is also partially to blame. For example, a patient might come in with a dislocated knee. Normally, you would put the knee back in place and conduct imaging tests to spot any underlying damage. If you forget to do this, you could be found negligent if the knee worsens or doesn't heal properly.

 

However, in this same example, you may have instructed your patient to wear a brace and stay off the knee. If they fail to listen to your advice, it increases the risk of complications. Therefore, even though they can argue you made a mistake, you can argue they made a mistake too.

 

Identifying a patient's level of responsibility is important because California follows comparative negligence laws. Comparative negligence laws are often tied to car accidents, but they are important for every personal injury case, including medical malpractice.

 

Comparative negligence simply means that if a patient is found to be partially responsible, their settlement will be diminished by an appropriate amount. Therefore, if a patient is found to be 20 percent responsible for their injuries, and their settlement is $100,000, they only get $80,000.

 

No doctor wants a medical malpractice lawsuit on their record. Luckily, in most cases, you won't lose your license, but the costs can quickly add up. Your best bet is to find a skilled attorney who can help you, especially if your license is on the line. If you would like to know more, contact us at Spiga & Associates today.

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You see him or her on your television, in your professional journals, and on your home page . . . the “Poster Child.” The Physician existing on the fringe of the profession, who gets arrested for overwriting prescriptions for Schedule II substances . Their example is easy to dismiss. The average M.D. engaged in legitimate practice seemingly has nothing to worry about. This fate befalls the slacker, the greedy, the foolhardy. Don't be so sure, any M.D. who prescribes Schedule II substances as a regular part of their practice is only one adverse patient outcome away from California Medical Board and possibly criminal investigation. For example, Surgeons and Physicians practicing in Emergency Medicine, Oncology, and Pain Management, routinely write hundreds, if not thousands of prescriptions for Schedule II substances. There is no way for a Physician to control the patient’s use of controlled substances, yet a dangerous and influential myth is being propagated that a physician is a fortune teller and can predict which patients will misuse the substances provided. Further complicating the issue is the difficult ethical landscape navigated by Physicians dealing with patients presenting legitimate symptoms demanding treatment with Schedule II and III substances, but who are nevertheless, drug dependent. Long term pain management patients are at particular risk of overdose due to their high tolerances leading to increasing dosages and the difficulty in weaning them off the substances they have become dependent upon. Should a patient die or suffer an adverse outcome that is somehow connected to a prescription for a schedule II substance, a criminal and California Medical Board investigation is sure to follow. Oftentimes the investigation will be spearheaded by investigators for the California Department of Consumer Affairs working in conjunction with local law enforcement but who also work on behalf of the Medical Board of California. These investigators are sworn peace officers and have the power to arrest and working with the Attorney General or local District Attorney also have the ability to bring criminal charges against a Physician. These investigations start out invisibly with scrutiny of CURES II reports detailing a Physician’s prescription history. All patients receiving scheduled substances will be given particular attention. Soon after, the physician will receive a request for patient records, followed by a letter of investigation from a California Department of Consumer Affairs Investigator indicating that a complaint has been made and requesting an interview. They do not inform the Physician of his or her right to counsel or whether the Physician even has the right to refuse the interview. Nor do they inform him or her of their right to review the complaint. Believe it or not, one of the common mistakes Physicians make in dealing with these investigations is not taking it seriously. They will delay responding or not respond at all. Often Physicians confident in their prescribing practices will have a false sense of confidence going in to such an interview and will wing it without consulting consul. Those Physicians learn the error of that approach through hard experience. If you are facing such an inquiry. Take it very seriously, Your medical license is your most important asset. If you have an adverse patient outcome that has come to the attention of your Hospital Administration, The Medical Board of California or local law enforcement, call Spiga and Associates immediately. Because of our 25 years of experience in both Criminal and Administrative defense we are uniquely qualified to defend you and your medical license.
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