Malpractice realities

Many physicians get named in “shotgun” lawsuits and even though most get dismissed at some point, it takes its toll in emotional distress and costs.

In most states, attorneys filing malpractice claims on behalf of adult patients must do so within a certain time frame from the date of injury.

Fear of excluding the true defendant from a suit often leads plaintiffs' attorneys to name anyone and everyone remotely involved in the case, otherwise, the attorney could potentially have some liability.

But during the months and years that these cases sometimes drag on, physicians have this black cloud hanging over their head. It can cause problems with malpractice carriers and anytime you apply to become a provider in a new insurance plan or hospital, you have to recapitulate the facts of the case and provide in great detail why you believe you are not at fault.

This is time-consuming and can prevent you from being accepted on an insurance plan or medical staff.

Some physicians spend hours on the cases trying to go back through records etc. and psychologically it really can take its toll. But when you are finally dismissed, there is no apology, no reimbursement and nothing to compensate for the emotional stress. No letters go out to all the places you had to explain this issue with and no one to hold at fault.

All this wasted time and emotional distress is many times unnecessary. In some states malpractice claims are preceded by a medical expert's signed affidavit. This would help limit some physicians getting named.

Then, when doctors are dismissed from a lawsuit without any settlement, shouldn't courts expunge any mention of the original litigation from the records?

In the current system, physicians are not only considered guilty until proven innocent, they're still regarded as suspect after claims against them have been dropped. This seems unfair as well.

The consequences of being named as defendant in a malpractice case are too devastating, for doctors who are subsequently dismissed and plaintiff’s attorneys should have some accountability.

Recommendations from consultants are that if a physician is named as part of a shotgun suit, physicians need to take it seriously because their practice and reputation are at stake, and they will be reported to the National Practitioner Data Bank when a payment is made as the result of a settlement or verdict if they are not dropped. That could trigger a hike in their insurance premium and could jeopardize their ability to get any coverage.

This is not an overall complaint about malpractice attorneys. The ones I know and actually consider friends are very good about doing their due diligence before filing suits. But just as with physicians, a few bad ones can really cause a lot of problems!!