Careless mistake --> Get sued --> Goodbye license --> Now what?

[Aetherius]

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[SeminoleVesicle]

What do physicians usually do after spending all that time on their education, and all of sudden all was taken away from them due to a single careless mistake? Just curious.

You go to medical school and complete residency to make sure that that careless mistake never happens. Can you provide an example?

 

[cdm3413]

You go to medical school and complete residency to make sure that that careless mistake never happens. Can you provide an example?

👍

 

[music2doc]

The one doc I know that got his license suspended for a mistake after being sued successfully still works as a physician. I'm sure he had to take some time off but there was a redemption process. Of course, his disciplinary action with the state does make it difficult to get much work and he still struggles to keep much of a pt load despite the fact that our region is in dire need of his specialty and his transgression was over a decade ago.

This is, however, one reason people skills are SO crucial. You will make mistakes. We're human. The key is often to build strong enough rapport with the pt and family that when (not if) you make a mistake, the pt and/or family is understanding. If you're a douche to them, you can bet you're going to get sued pretty quickly and frequently until you get eliminated from medicine -- or at least have a much higher risk of this happening.

 

[typicalindian]

well according to T.V. you go to the hamptons one day, save some girls life at a big party, have some billionaire see you save said girls life, have him give you a big ass house with a large paycheck to become his concierge doctor. That's how it happens in real life right????

 

[CodeBlu]

well according to T.V. you go to the hamptons one day, save some girls life at a big party, have some billionaire see you save said girls life, have him give you a big ass house with a large paycheck to become his concierge doctor. That's how it happens in real life right????

Hahahahahaha! Yeah in movies.

 

[235788]

It's hard to say man. Just hope that your never in that spot. Some physicians lose their licenses for months others for years.

 

[Snuke]

That's what malpractice is for.

However, you've got to be really careful. There's an OB/GYN in my area who, when he switched practices, switched to the new practice's malpractice, but a secretary at the malpractice insurance forgot to add his name to the list of doctors at that practice.

One routine birth, problem outside his control, parents sue, he has no malpractice and loses everything.

Make sure you have malpractice.

 

[venacontracta]

Doctors don't generally lose their licenses for anything except ridiculous negligence, willful malpractice of some sort, or strong legal/disciplinary reasons. Malpractice suits don't equate to losing your license.

 

[LizzyM]

Doctors don't generally lose their licenses for anything except ridiculous negligence, willful malpractice of some sort, or strong legal/disciplinary reasons. Malpractice suits don't equate to losing your license.

^ This, where strong legal reasons would include felonies.

Furthermore, licensing boards are made up of other physicians. Most attempt to be both just and merciful. If the reason for an error is negligence due to substance abuse, they will work with the physician to get and stay clean and retain or regain licensure after jumping through some hoops (rehab... random testing, etc).

 

[Long Way to Go]

Hahahahahaha! Yeah in movies.

I take it you don't watch Royal Pains? It's good, just like most shows on USA Network.

 

[venacontracta]

If you want to see examples of why one state board has revoked licenses, look here:

http://www.nh.gov/medicine/aboutus/actions/

I suspect a lot of states make this information public online, but NH was simply the easiest to find with a general Google search. Obviously you'd expect bigger states to be pulling more licenses.

An example of getting off easy on malpractice/negligence:

3/2/11 - The Board of Medicine approved a Settlement Agreement for Mark E. Splaine, M.D. Dr. Splaine failed to inform a patient with a highly elevated Prostate - Specific Antigen ("PSA") result for more than one year. Dr. Splaine is reprimanded and required to complete an additional 6 hours of CMEs. Three of these hours shall be in the area of prostate cancer screening and three shall be in the medico-legal aspect of the medical records. Dr. Splaine is assessed an administrative fine in the amount of $2,000.

An example of what it actually takes to lose a license:

5/10/11 - On May 10, 2011, the Board of Medicine issued a Final Order in the Matter of Susan M. Hare, docket #11-04. On April 15, the Board concluded a hearing to determine whether Dr. Hare failed to comply with the terms of her September 2010 Settlement Agreement by engaging in the practice of medicine during her suspension. The Board found that Dr. Hare practiced medicine while her license was suspended, that she created a SOAP note under another practitioner's name, and that she ordered a prescription under another practitioner's name. Dr. Hare's license is revoked.

 

[ponyo]

If you want to see examples of why one state board has revoked licenses, look here:

http://www.nh.gov/medicine/aboutus/actions/

The Board of Medicine approved a settlement agreement for Jayakumar Patil, M.D. Subsequent to a June 15, 2009 Settlement Agreement, the Board requested from Dr. Patil, and reviewed, the records of ten patients created after the 2009 agreement. Dr. Patil continued failure to keep legible records is a breach of the 2009 Agreement. Dr. Patil is reprimanded; his license is suspended for 30 days commencing April 15, 2011. Dr. Patil is assessed an administrative fine in the amount of $10,000.

Love this one

 

[venacontracta]

Love this one

A little Googling easily finds the 2009 action against the guy

7/9/09 - The Board of Medicine approved a Settlement Agreement for Jayakumar Patil, M.D. Dr. Patil charged an unreasonable fee for copying medical records. He also failed to provide adequate medical record documentation, in that the records provided consisted of ten handwritten pages of notes that were illegible and undecipherable. Dr. Patil was aware that his medical records are often illegible, and he knew or should have known that he needed to provide some form of transcription of his records to be medically adequate. Dr. Patil is reprimanded and is assessed an administrative fine in the amount of $2,000.

Basically it sounds like he got in trouble the first time, paid the fine, and changed nothing.

 

[LizzyM]

The Board of Medicine approved a settlement agreement for Jayakumar Patil, M.D. Subsequent to a June 15, 2009 Settlement Agreement, the Board requested from Dr. Patil, and reviewed, the records of ten patients created after the 2009 agreement. Dr. Patil continued failure to keep legible records is a breach of the 2009 Agreement. Dr. Patil is reprimanded; his license is suspended for 30 days commencing April 15, 2011. Dr. Patil is assessed an administrative fine in the amount of $10,000.

Love this one

Like catching Al Capone on tax evasion, sometimes this is what they can get a guy on when his real crime might be writing scripts for controlled substances under shady circumstances.

 

[45408]

You go to medical school and complete residency to make sure that that careless mistake never happens. Can you provide an example?

50% of the lay public thinks that a surgeon's license should be pulled if he gives an antibiotic to a patient with a known allergy to that drug, and the patient died from a drug reaction.

Let that one hang over your head after you've been in training for 15 years.

 

[venacontracta]

Another thing to consider with regard to making mistakes and/or perceived malpractice: as of 2009, over half of the doctors in my state (which does not have tort reform) have been sued. The requirement that doctors report being sued for malpractice to the state was only enacted in 2002. If you live in certain places and practice certain kinds of medicine you're almost guaranteed that someone will go after you for malpractice at some point in your career.

 

[ponyo]

Like catching Al Capone on tax evasion, sometimes this is what they can get a guy on when his real crime might be writing scripts for controlled substances under shady circumstances.

That makes a lot of sense actually

50% of the lay public thinks that a surgeon's license should be pulled if he gives an antibiotic to a patient with a known allergy to that drug, and the patient died from a drug reaction.

Let that one hang over your head after you've been in training for 15 years.

As unfair as that sounds, as someone who has anaphylactic reactions to penicillin I actually find it slightly comforting...

 

[music2doc]

That makes a lot of sense actually




As unfair as that sounds, as someone who has anaphylactic reactions to penicillin I actually find it slightly comforting...

A major problem with this is, however, that often pts do not provide all of the necessary information and/or there may be miscommunication somewhere else that prevented the physician from obtaining the necessary information. Sometimes safeguards fail. If the physician was negligent then sure, sanctions may be warranted (and even necessary), but negligence may not have been the underlying issue. This is especially true in necessarily fast-paced settings such as the ED. Most hospitals have gone to a systemic focus for tracking and solving medical errors for this very reason -- it is rarely all one single person's fault.

 

[kami333]

Then on the other hand you have people like Mark Geier. He's already been suspended in MD and WA but other states like IL won't do anything until there is imminent danger to patients or until other states take permanent action (such as permanent revocation, not just suspension).

 

[ponyo]

A major problem with this is, however, that often pts do not provide all of the necessary information and/or there may be miscommunication somewhere else that prevented the physician from obtaining the necessary information. Sometimes safeguards fail. If the physician was negligent then sure, sanctions may be warranted (and even necessary), but negligence may not have been the underlying issue. This is especially true in necessarily fast-paced settings such as the ED. Most hospitals have gone to a systemic focus for tracking and solving medical errors for this very reason -- it is rarely all one single person's fault.

I completely agree with you, and in reality I would absolutely not want the physician punished even though I'd want my parents the sue the heck out of the hospital... But nevertheless I think sometimes the institution of grossly unfair consequences can lead people to double check when they might not have otherwise.

 

[LuciusVorenus]

^ This, where strong legal reasons would include felonies.

Furthermore, licensing boards are made up of other physicians. Most attempt to be both just and merciful. If the reason for an error is negligence due to substance abuse, they will work with the physician to get and stay clean and retain or regain licensure after jumping through some hoops (rehab... random testing, etc).

👍

It's really not that easy to lose your licence. Malpractice suit != losing licence. Losing your licence is almost akin to losing your job as a tenured professor.