Some people avoid going to the doctor for fear of getting bad news. Those who do seek medical attention do so because they have an issue that can no longer be ignored. The hope is that whatever the issue might be, it will be accurately diagnosed and treated. Because of all the training, experience, and support a doctor has, there should be no mistakes with their approach.
The goal of a medical malpractice lawsuit is to find a remedy for any losses you’ve suffered.
What happens to the medical professional? Can a doctor still practice after a medical malpractice lawsuit? You might be surprised at the answer.
What Kind of Compensation Can You Seek?
Despite the amount of trust you place in your doctor, they are still human, and humans make mistakes. When mistakes occur during your care, you shouldn’t have to pay for them. A medical malpractice suit is intended to compensate you for your losses. Those losses can include the following:
- Treatment for injuries caused by negligence
- Extend hospitalization
- Follow-up doctor’s appointments.
- Rehabilitation or physical therapy
- Lost wages
- Pain and suffering
- Diminishment of quality of life
While bills or invoices can support some damages, others must be quantified based on experience.
A skilled medical malpractice lawyer will know the right questions to ask to come up with an amount that is acceptable to you.
However, there is still the issue of the doctor who committed the malpractice to contend with.
Remember, the medical malpractice suit is intended to remedy your losses. The issue of whether they can practice will not be decided as part of your medical malpractice lawsuit.
What Happens When a Doctor Is Guilty of Malpractice?
The Kentucky Board of Medical Licensure oversees the licensing of medical professionals in the state.
Only this board can revoke a doctor’s license. Although any medical malpractice incident is serious, they don’t always rise to the level of license revocation. Yes, a doctor can be guilty of malpractice but still keep their license.
However, there are two conditions that can cause a doctor to lose their license. Those factors are the following:
- If the doctor acted with malice or if their actions went beyond ordinary allegations of neglect.
- If the doctor is determined to be a threat to society and is a risk to future patients.
For example, if a surgeon conducts a procedure while they are legally intoxicated, that would go “beyond ordinary allegations of neglect.” That would qualify as intentional harm and a direct risk to the patient.
Damage to Reputation
A medical malpractice claim will damage the doctor’s reputation. Although that doctor might still practice medicine, they will lose their patients’ trust. That can cause existing patients to consider moving to another doctor’s care. Medical malpractice claims are also a matter of public record. A doctor can’t hide from the claim.
New patients who can look up those records would be hesitant to become patients.
Patients who continue to see the doctor might experience a rise in costs. That is because the doctor’s medical malpractice insurance premiums will go up, and they will mostly pass those costs onto their patients.
A doctor who is guilty of malpractice might now be overly cautious, and that’s not necessarily a bad thing. Unfortunately, it will translate into the doctor ordering more tests that might not always be needed and incur more costs that the patient will have to endure.
Getting What You’re Due
A personal injury lawsuit happens between the victim of an accident and the at-fault party.
Typically, the at-fault party is a stranger to the victim. That is not always the case with medical malpractice. Even if you meet the doctor for the first time in the emergency room, you establish a relationship with them that is built on trust. That makes filing a lawsuit emotionally complex.
It is important to note that the doctor’s insurance company pays compensation from a medical malpractice claim. That means all the negotiations for fair compensation will be conducted between your medical malpractice attorney and the insurance carrier.
The attorneys at McCoy & Hiestand, PLC have a lot of experience in successfully negotiating with insurance companies to get the maximum compensation for our clients.
If you’ve been the victim of a doctor’s malpractice, we can help you decide what should happen next.
