MEDICAL MALPRACTICE GUIDE: Medical Malpractice Law,
Birth Injury,
Cerebral Palsy,
Nursing Home Abuse,
HMO's,
Antidepressants Prescriptions,
ADHD Prescriptions,
Personal Injury Litigation,
Medical Malpractice LawyersMEDICAL MALPRACTICE & MEDICAL NEGLIGENCE
What is Medical Malpractice?
Medical Malpractice, also called medical negligence, is the failure of a medical professional to meet the standard of good medical practice in the field in which the medical professional practices.
Medical malpractice occurs when a healthcare provider - doctor, hospital, HMO, nurse, other individual or entity licensed to provide medical care or treatment - does something that competent doctors would not have done, or fails to do what a competent doctor would have done, resulting in injury or death.
Medical Malpractice law is complex and therefore it is important to engage an experienced malpractice lawyer or attorney who understands the complex issues that apply. Medical malpractice claims involve analysis of medical records and all tests and studies such as MRI, CAT Scan, pathology studies, etc. to determine the viability of the claim. If you or a loved one have been a victim of medical malpractice, you should act promptly to preserve your rights.
Medical Malpractice Tips:
MEDICAL MALPRACTICE: POTENTIAL CONSEQUENCES FOR UNLAWFUL ACTS
A physician is not personally liable for erroneous claims due to mistakes, inadvertence, or simple negligence. However, knowingly signing a false or misleading certification or signing with reckless disregard for the truth can lead to serious criminal, civil, and administrative penalties including:
Criminal prosecution;
- fines as high as $10,000 per false claim plus treble damages; orPhysicians may violate these laws when, for example:
- administrative sanctions including: exclusion from participation in Federal health care programs, withholding or recovery of payments, and loss of license or disciplinary actions by state regulatory agencies.
- they sign a certification as a "courtesy" to a patient, service provider, or DME supplier when they have not first made a determination of medical necessity;MORE ON SPECIAL FRAUD ALERT: PHYSICIAN LIABILITY FOR CERTIFICATIONS IN THE PROVISION OF MEDICAL EQUIPMENT AND SUPPLIES AND HOME HEALTH SERVICES - CLICK HERE
- they knowingly or recklessly sign a false or misleading certification that causes a false claim to be submitted to a Federal health care program; or
- they receive any financial benefit for signing the certification (including free or reduced rent, patient referrals, supplies, equipment, or free labor).
- Even if they do not receive any financial or other benefit from providers or suppliers, physicians may be liable for making false or misleading certifications
Resources:
MALPRACTICE
LAWS BY STATE
U.S.
Consumer Gateway: Health Features resources on health care, diseases,
drugs, insurance and more.
Division
of Quality Assurance U.S. Department of Health and Human Services.
Links to National Practitioner Data Bank and the Healthcare Integrity and Protection
Data Bank.
National
Patient Safety Foundation Features patient safety literature.
Make
No Mistake: Medical Errors Can Be Deadly Serious From the Federal Drug
Administration (FDA). Covers medical errors, medication mistakes, human limitations,
and more.
Improving
Medication Safety From the American Hospital Association. Features
news and consumer resources.
Frequently
Asked Questions (FAQs) From the Institute for Safe Medication Practices.
Covers medication errors, frequently confused drug names and more.
20 Tips
to Help Prevent Medical Errors From the Agency for Healthcare Research
and Quality.
Your Guide
to Choosing Quality Health Care From the Agency for Healthcare Research
and Quality. Covers quality measures including consumer ratings, clinical performance
measures, and accreditation. Includes checklists, charts, questions and other
tools.
