Doctors May Be Permitted to Continue Practicing Medicine, Even if They Lose a Malpractice Case – What Does This Mean for Future Patients?

Patients walk into hospitals, healthcare clinics, and doctor’s offices, expecting to be treated by someone who is competent and caring. Unfortunately, this is not always the case. Instead, there are physicians who have been charged with acts of extreme medical negligence who are still permitted to practice medicine. What does this mean for that physician’s future patients, and how can you protect yourself and your loved ones from careless healthcare providers? The following information explains, and it details your rights after a medical malpractice injury.

A Delaware OBGYN recently made the news after losing in a malpractice case. He had been accused of pulling too hard on an infant’s head while trying to remove them from the birth canal. The infant’s right arm and shoulder were permanently and severely injured.

Although the physician denied any wrongdoing and had claimed that the infant’s injury was nothing more than a side effect of the birthing process, a jury ultimately found him guilty of malpractice. The family of the child, who is now nine years old, received an award from the courts, which can now go to ensuring the child receives the treatment and assistance he needs for the remainder of his life. Sadly, more children could sustain injuries like this (or worse) because the physician is still practicing medicine.

Doctors, surgeons, and other healthcare professionals are only human; they are bound to make mistakes now and again. Most of these oversights are minor and cause no real harm to patients, but acts of negligence are different. These acts, which can cause death or serious harm to patients, should have clear consequences. Yet few are reprimanded in ways that protect patients. Instead, many are permitted to keep treating patients, despite their behavior.

The lack of reprimand after a malpractice lawsuit places every patient that walks through a provider’s door at risk for death or serious injury – and subsequent incidents are a near certainty. In fact, studies show that only a small fraction of healthcare providers are responsible for the staggering number of malpractice deaths and injuries each year.

The Delaware OBGYN serves as a prime example. Just one year after the infant’s injury, he was reprimanded for prescribing too high of a dosage of medication to one of his patients – but even then, he had been permitted to continue treating patients. How many deaths and injuries will it take before he is disciplined to the full extent of the law?

If you or someone you love has been injured or killed by the negligent behavior or actions of a physician, contact Corsiglia, McMahon & Allard, LLP for assistance. Dedicated and experienced, our San Jose medical malpractice lawyers will protect your rights and best interests, every step of the way. No matter what the situation, we will aggressively pursue the most compensation possible for your situation. Schedule a free and personalized consultation by calling (408) 289-1417 today.

• Doctor ordered to pay $3 million in birth injury case