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1.
What should I do if the Medical Board starts an investigation
of me or my practice?
No
one likes to come under an accusation of wrongdoing. However,
sometime during your practice there is a good chance the
Medical Board may open an investigation against you. Don't
panic, but don't be complacent either. For more information
on what to do, click on:
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2.
Is there any way to avoid medical malpractice suits?
Other
than retirement, not really. However, there are ways to
minimize your chances against being named in a malpractice
suit. Good charting and "bedside manners," among
other things, have been noted to decrease the chances of
your being sued. Having an effective arbitration program
in place goes a long way to minimizing the discomfort if
you do get sued. And, knowing how to handle "difficult
patients" (at least difficult plastic surgery patients)
is also a potential way to cut down on the possibility of
lawsuits. For more information on these subjects, click
on:
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3.
What should I do if I'm sued?
Call
your carrier and let them know. Do not attempt to confront
your patient with the accusations -- it will only make matters
worse. Do not undertake an independent review of the medical
literature or discuss the case with others, unless your
attorney instructs you to do so (you may be unwittingly
preparing your opponent's case for him). And for heaven
sake, do not go back and change, modify, alter or in any
way "correct" your chart. That can make a simple
case become a complex and expensive one. Should you be a
California practitioner and need legal advice, please feel
free to contact us.
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4.
What Should We do About the High Price of Medical Malpractice
Insurance?
The
problem of obtaining and retaining economical malpractice
insurance is becoming increasingly more acute in some states
-- especially in California, and especially among OB/GYNs,
cosmetic surgeons and other "high risk specialists"
who must be insured to perform out-patient surgeries. For
those who carry malpractice insurance, the answer may lie
in high deductibles, and attempting to resolve claims for
nominal sums. A well-run arbitration program can also go
a long way to keeping premiums and payments at a modest
level. Informing your state legislators of the problem and
requesting their attempt to rectify the situation, is another
possible answer. While there is no single answer to the
potential medical malpractice crisis, there are some good
suggestions contained in these links, including how to get
malpractice insurance at a reasonable rate.
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5.
How do I know whether I have been malpracticed?
Sometimes
the situation is obvious: You go into surgery for a problem
with your hand, and wake to discover your leg has been broken.
Regrettably, many situations of medical malpractice are
not so easy to identify. Medical malpractice (or "physician
negligence") occurs when the surgeon or physician fails
to treat you as required by the "standards of care"
applicable to the particular situation. Determining what
those standards are, whether they have been violated, and
whether that violation caused the injury, is often not an
easy task. Should you or someone you know suffered serious
bodily injury or death, please feel free to contact us to
assist in determining whether you may have suffered from
medical malpractice.
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6.
Just because I'm injured, or get a "bad result"
at the hands of a medical provider, does that mean I have
been malpracticed?
Sometimes,
the nature of the injury may give rise to an inference that
malpractice has occurred. However, there are some people
with serious injuries who may not have been malpracticed,
while others with slight injuries may nonetheless have been
the victims of physician negligence. Should you or someone
you know have suffered serious injury or death, please contact
us to provide you an assessment of your rights.
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7.
What are the damages recoverable in a given case?
It
all depends, as each case is different. Some states (e.g.,
California) limit the recoverable damages in medical malpractice
cases. Other states allow the jury (or judge) to exercise
their decision-making virtually unfettered. As a general
proposition, you may be able to recover damages representing
pain and suffering, lost wages (both past and future), and
medical expenses you have had to (or will) incur, among
other things. You should hire an attorney expert in the
field of medical malpractice to assist you in analyzing
this issue.
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8.
What should I do if I or someone I know has been seriously
injured or otherwise damaged, but it was by someone other
than a physician?
Call
us. We can potentially put you into the hands of a specialist
in those types of cases, or assist you, as well.
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to frequently asked questions
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9.
How does a business prevent lawsuits against it from its
employees, vendors, consumers, etc?
There
is no way to eliminate the possibility that your business
will be sued. However, there are some ways to minimize the
"pain" associated with lawsuits against both small
and large sized businesses. One way is to hire a good risk
management consultant who can assist you in a "top
to bottom" analysis of your business, potential areas
for lawsuits, and institute certain measures to minimize
the impact of future lawsuits on your business. One of the
best ways to "level the playing field" to is institute
an effective binding arbitration program between you and
your business, and anyone who might potentially sue you.
For more information, click on:
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