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What does the state/government do in cases of medical malpractice?

Been the victim of Medical Malpractice or fighting a malpractice suit? Discuss it here.

What does the state/government do in cases of medical malpractice?

Postby condan » Sat Apr 02, 2011 5:39 am

When a patient has died or went disabled due to doctor's negligence it is clear that you can sue him/her. What does the medical authorities / court / state / government do in addition? Please, name the institutions and their corresponding activities in such cases. I need to know if the state or any other government controlled institution also files a suit against the doctor / hospital displayed malpractice and the way they do it. Thanks in advance for every serious answer!
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What does the state/government do in cases of medical malpractice?

Postby wendlesora » Sat Apr 02, 2011 5:43 am

A doctor may face sanctions from the medical licensing board in their country/state of residence, and while malpractice actions are noted on every physician's record and with their insurance companies, depending on the state, this data may remain secret allowing doctors whose licenses have been revoked in one state to obtain licensure in another. It's a system that obviously needs work. The Feds won't step in unless a doctor has been found guilty of drug trafficking, violations of DEA law regarding dispensing of controlled substances, or violations of other federal laws. They more or less leave most policing and sanctions up to the states.

http://www.consumerwatchdog.org/patients/articles/?storyId=17115
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Wrongful death due to negligence and/or malpractice, general negligence suits are heard as civil proceedings, therefore it is up to the patient's relatives to pursue the case.

The circumstances surrounding the case could be basis for criminal prosecution but that would depend on the opinion of the DA.
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What does the state/government do in cases of medical malpractice?

Postby sherborne16 » Sat Apr 02, 2011 5:49 am

Insurance company representing doctor/hospital fights the case endlessly with their lawyers and seeks a small settlement.

Doctor might lose license. He will be in business in another state in no time. Doctors gave politicians a lot of money and set themselves up real good with respect to being able to continue practicing as a doctor: regardless of malpractice, being convicted of felonies, etc.

They can always practice in another state. Their careers are never really over.
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What does the state/government do in cases of medical malpractice?

Postby torin7 » Sat Apr 02, 2011 6:02 am

To answer your main question, the government doesn't usually do too much of anything. Doctors must buy medical malpractice insurance from the private sector if they are sued.
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