Studies show that most Americans have positive views of medical doctors, and they especially like and trust their own doctors. Unfortunately, doctors are human and can make mistakes, some of which can seriously harm and even kill their patients. When these errors are due to negligence, the victims and their families may be eligible for compensation for the resulting medical expenses.

Patients harmed by their doctors often face long and expensive roads to recovery. They may need to go on expensive medications, or they may need surgeries to correct the injuries they suffered and physical rehabilitation to regain lost function and mobility. These patients can often file medical malpractice claims but may hesitate to do so because they don’t want to cause trouble for their doctors if they have a good relationship with them.

If you or someone you love was harmed by your doctor’s actions and you’re wondering what will happen to him or her if you file a lawsuit, this blog can help you better understand the implications for doctors who are accused of malpractice, and when it makes sense to follow through with a lawsuit.

First, What Constitutes Medical Malpractice?

Medical malpractice occurs when a doctor, nurse, technician, or other healthcare provider provides care that falls short of the accepted standard and harms their patient in the process.

All medical malpractice cases involve a few provable key elements:

• Duty of Care: The healthcare professional must have a duty to provide care to the patient (i.e. they have a doctor-patient relationship).
• Breach of Duty: The professional failed to meet the standard of care expected in the medical community.
• Causation: The breach of duty directly caused injury or harm to the patient.
• Damages: The patient suffers actual harm or damages due to the breach of care.

Examples of medical malpractice include:

• Misdiagnosis or Delayed Diagnosis: Failing to diagnose a condition that a competent doctor would have identified.
• Surgical Errors: Performing an unnecessary surgery or making mistakes during a procedure.
• Medication Errors: Prescribing the wrong medication or dosage.
• Improper Treatment: Providing non-standard or ineffective treatment for a patient’s condition.

Not all adverse or negative medical outcomes are due to malpractice. Medical malpractice does not include:

• Unfavorable Results: Sometimes, patients don’t recover as expected, even with proper care. A poor outcome doesn’t automatically constitute malpractice.
• Accepted Risks: Every medical procedure has known risks. If a complication arises that is a known risk and which the patient was warned about before agreeing to the procedure, it’s not considered malpractice.
• Disagreements in Treatment Choices Among Providers: Doctors may have different opinions on treatment methods. A difference in professional judgment doesn’t amount to malpractice if both methods are within the accepted standard of care.

Most Doctors Have Been Sued for Medical Malpractice At Least Once

No doctor wants to be sued for medical malpractice, but it’s something that many doctors will face at some point during their careers. Nearly 50% of doctors who practice until they’re at least 55 years old will face at least one medical malpractice lawsuit.

If you sue your doctor for medical malpractice after you were harmed due to a procedure or treatment, you won’t be doing anything unexpected from their perspective. In addition, certain doctors are more likely to be sued than others. General practitioners are far less likely to be sued than surgeons, as general practitioners’ mistakes are often less damaging than those made by surgeons.

Doctors Have Medical Malpractice Insurance to Protect Themselves and Their Practices

Doctors who work for hospitals and healthcare clinics are usually required to opt into their hospitals’ insurance policy or purchase medical malpractice insurance to protect themselves and the organizations they work for if they’re sued. In addition, most doctors who own private practices are also insured against medical malpractice claims.

That means that if you sue your doctor, they are unlikely to be required to pay for your damages out of their own pocket. Instead, their medical malpractice insurance will cover your medical bills, lost wages, pain and suffering, and other malpractice-related expenses.

Your Doctor Is Unlikely to Lose Their License—Even if You Win Your Claim

Most medical malpractice claims settle out of court. That means the issue is usually between patients, their lawyers, and their doctors’ or hospitals’ insurance companies. In these cases, there’s no admission or verdict of guilt on the doctors’ or hospitals’ behalf, which means that doctors usually don’t face disciplinary action.

And even when medical malpractice claims are elevated to lawsuits that are heard in court, doctors found guilty of medical malpractice are still unlikely to lose their licenses unless it was discovered the malpractice was due to drug or alcohol abuse.

However, they may be investigated by the Oklahoma Board of Medical Licensure and Supervision, and they may receive disciplinary actions. Patients can look up their doctors using the search function at www.okmedicalboard.org to find out if they’ve had any disciplinary actions taken against them in the past for malpractice.

Your Needs Come First After a Medical Malpractice Injury or Illness

When your family has been seeing the same doctor for years, the idea of suing your doctor can seem like a bridge too far—even if you desperately need compensation for your medical bills and lost wages after a preventable injury or illness. But unless you pursue compensation through the legal system, you’ll be forced to pay for these new added medical expenses yourself. Even if you have health insurance and disability insurance, you’ll still pay likely pay a large sum out of pocket. This is why we recommend filing a medical malpractice lawsuit to cover the medical costs your health insurance won’t pay, as well as providing compensation for the physical pain you suffered due to your injury. 

Insurance exists as a buffer between liable parties and the damages they’re required to pay the people they harm, and medical malpractice insurance is no different. However, if you decide to pursue a malpractice claim against your doctor, it’s essential to have an experienced Oklahoma medical malpractice lawyer on your side due to the complexity and difficulty of these claims.

Let Us Handle Your Medical Malpractice Claim

At Parrish DeVaughn Injury Lawyers, we know that medical malpractice claims are difficult for many reasons. Not only do they require significant evidence to win, but they also require taking legal action against people our clients often have good relationships with.

When you get our firm on your side, we’ll handle your claim with the sensitivity and dedication it requires. Trust our years of experience and knowledge of Oklahoma medical malpractice laws to get the job done for you and your loved ones. Contact us today for a free consultation.

Originally published August 1, 2022.