Lawsuit against doctors

[mackmama]

A family member is looking into having surgery with a particular doctor. How can I do a check on this doctor to make sure no past lawsuits have been filed against him?

[NCGrandma]

Not sure about lawsuits, but in NC, the state medical board's website has information about various disciplinary actions taken against physicians licensed in the state. Other states probably have something similar. Might be a place to start.

[JBaxter]

I would look up sanctions not lawsuits you can file one for any reason valid or not.

[kijip]

Well, the fact that a doctor has been sued is not necessarily a reflection on their skills or expertise. Medicine can not guarantee a perfect outcome and some patients and families sue for no reason or because they expect a perfect outcome. Of course being sued a lot of not a good sign. You need to check local civil court records for your doctor's name to look this information up. It is not in one central location.

That is not to say you shouldn't look up your doctor or check their background or credentials. Ask how many of these procedures they have done. Online, you can check to make sure they are board certified and that their license is active in the state. Some states' website have more information that others. Some will just say in their license is active, others will show you a list of disciplinary actions taken against the provider. You may also be able to find online patient reviews or talk to other doctors or patients IRL about their experience. Generally doctors will not say much negative about a colleague but they will not give a rave recommendation to someone they have a low professional opinion of. Without saying too much, my mother's oncologist steered her to a different surgeon (who as it turned out had a stellar reputation compared to the first surgeon.)

[georgiegirl]

Most physicians end up getting sued at one point. It's not indicative of their skill at all.

Dh (a physician) has had patients threaten him with a lawsuit at their initial consult. Nice.

[HannaAddict]

Most doctors do not get sued. Really. Suing a doctor is very expensive for the lawyer bringing the suit and good lawyers don't throw money away. A good doctor can get sued, but most don't. A weak case can be brought but the anti-lawyer rhetoric is just that, rhetoric and not based in fact and there are checks and balances in the system so good doctors aren't hung out to dry. But, You should run a civil name search for the doctor and their practice's name. If they come up a bunch as a defendant, pick a new doc or investigate further. Out state has court records easily available online for free.

State licensing agencies Usually protect their own and often don't provide info on sanctions. It is very hard to find out about complaints, etc. Best thing is talk to other doctors about whose good in the field, or nurses. Try and get a rec. good luck.

[Mamabear4]

Go to www.healthgrades.com and you can view quality ratings on the doctor in question. They use data that's a bit old, but it will give you an understanding of their practice patterns, and whether their clinical outcomes are within the range of what's expected.

[specialp]

Most doctors do not get sued. Really.

Disagree. Here is a reference to a study.
http://www.abajournal.com/news/article/most_physicians_will_be_sued_for_medical_malpracti ce_though_payouts_are_few/

OP: In my state, you have to have a bar ID or subscription to access the named litigants via the internet, but other states do not. I would certainly check health grades and googling his name/area.

[TxCat]

Well, the fact that a doctor has been sued is not necessarily a reflection on their skills or expertise. Medicine can not guarantee a perfect outcome and some patients and families sue for no reason or because they expect a perfect outcome. Of course being sued a lot of not a good sign. You need to check local civil court records for your doctor's name to look this information up. It is not in one central location.

That is not to say you shouldn't look up your doctor or check their background or credentials. Ask how many of these procedures they have done. Online, you can check to make sure they are board certified and that their license is active in the state. Some states' website have more information that others. Some will just say in their license is active, others will show you a list of disciplinary actions taken against the provider. You may also be able to find online patient reviews or talk to other doctors or patients IRL about their experience. Generally doctors will not say much negative about a colleague but they will not give a rave recommendation to someone they have a low professional opinion of. Without saying too much, my mother's oncologist steered her to a different surgeon (who as it turned out had a stellar reputation compared to the first surgeon.)

:yeahthat:

Some state medical boards are very aggressive about publishing actions taken against physicians, contrary to what another poster said about them "protecting their own." Doctors don't like bad doctors - no one likes to work with people who are incompetent or lazy, especially when the stakes are so high.

Ask around, or have your family member ask around, to friends, colleagues, etc., especially if any of them work in medicine. Make sure they're board certified. Ask about risks, benefits, alternatives to the procedure, and make sure that you are happy with the answers, ie, that the surgeon has answered the questions as fully as you expected and you don't still have lingering questions.

[kijip]

Most doctors do not get sued. Really. Suing a doctor is very expensive for the lawyer bringing the suit and good lawyers don't throw money away.

Good lawyers don't throw money away. Most lawyers are good ones. However, having just spent my own money on a good lawyer to scare off another person's bad and ethically challenged lawyer (over nothing as emotional as healthcare to boot), I know there are exceptions. It is true that significantly fewer bogus lawsuits are brought than the rhetoric but I personally know more than a couple of great doctors who have been sued and even more who have been threatened with a suit or sued and had the case dismissed quickly. Some attorneys will take a client's money and just go with it...the guy who was harassing me with a lawsuit for doing my legal and ethical duty has retained the same sole practitioner attorney to do pretty much the same thing to other people at least 5 times per year for the last 7+ years. While weak lawsuits are not as big of an issue as many people claim/report, the problem does exist on some level. Especially for crazy people who can pay out of pocket and manage to find lawyers who are either not all that great, hard up for work and unethical.

[niccig]

Well, the fact that a doctor has been sued is not necessarily a reflection on their skills or expertise. Medicine can not guarantee a perfect outcome

:yeahthat: I did all the research when I chose my thyroid surgeon. I knew going in what the complications were and knew people who saw same surgeon w/o issues. I had complications from the surgery. Some people said we should sue, I asked why as going in I knew there was a chance of this complication. If it was negligence, then that's one thing, but surgeries have risks and sometimes you're just unlucky.

[Kindra178]

When I was researching OB/GYNs in Chicago, which is in one of the most litigious counties in the US, I was unable to find an OB/GYN that was (1) recommended by a friend or a respected doctor and (2) not named in a lawsuit. I didn't check the smaller hospitals; I was only looking at major university type medical centers with level III NICUs. So I think it depends on location and specialty.

[jenfromnj]

Good lawyers don't throw money away. Most lawyers are good ones. However, having just spent my own money on a good lawyer to scare off another person's bad and ethically challenged lawyer (over nothing as emotional as healthcare to boot), I know there are exceptions.

:yeahthat: I am close friends with someone who is a medical malpractice defense attorney, representing hospitals/doctors. I can't tell you how many ridiculous suits this person has defended in the past 10 years--there are several lawyers in the NYC area who are well-known for their willingness to take and pursue just about any med mal case.

[DrSally]

I would check with the state licensing board. Info on substantiated malpractice claims should be avail

[mackmama]

Thanks everyone. I understand that docs can get sued. I mainly wanted to investigate further one certain legal issue that someone told me about in relation to this doc and wasn't sure how to go about it. Thanks for the input and ideas!

[Melbel]

Before my back surgery, we checked at the court house for civil suits against the neurosurgeon. There was one suit, but the nature of the allegations did not concern us. If there had been a pattern or more serious allegations, it would have been more likely to sway my decision making.

[JMS]

Disagree. Here is a reference to a study.
http://www.abajournal.com/news/article/most_physicians_will_be_sued_for_medical_malpracti ce_though_payouts_are_few/

.

I also disagree. There are many dirt bag ambulance chasers out there and many, many frivolous lawsuits occur. Also, doctors can be named in the suit even if they had little to no dealings with the plaintiff/patient. A lawsuit, and even an insurance claim, against a doctor is not presumptively indicative of the doctors skills or competence.

[Octobermommy]

Most doctors do not get sued. Really. Suing a doctor is very expensive for the lawyer bringing the suit and good lawyers don't throw money away. A good doctor can get sued, but most don't. k.

Filing a lawsuit & going to trial are two different things. Out of the dozens of physicians we know only a small few have never had a lawsuit filed.

OP , check your state medical board for sanctions, make sure they are board certified in their field. Hope all goes well.

[kijip]

I had complications from the surgery. Some people said we should sue, I asked why as going in I knew there was a chance of this complication. If it was negligence, then that's one thing, but surgeries have risks and sometimes you're just unlucky.

I completely agree. There is a difference between an unfavorable outcome/complication and negligence or malpractice. My brother has a mild form of CP caused by injury during his birth. However my parents realized it was not caused by their doctor (who did everything he could do and whose skill helped salvage a very bad situation.) My brother was breech in a dangerous position and he was stuck for a long time. Surgery was considered too big a risk for my mom medically. So many people insisted that they should sue or assumed that they must have sued. But sometimes things just happen and no one is to blame. It's the human body, not a machine with fully replaceable and fixable parts.

[codex57]

CA has a notoriously useless board. You can literally kill someone and they still won't really do anything about it. The only thing they seem to dislike is doctors molesting patients.

That said, if it's bad enough (typically when another state agency gets involved, they'll then piggyback on those charges), they do stuff. Also, if a doctor gets sued and even settles, if that settlement amount is over a certain $ amount, it gets published on the board website.

[dogmom]

Most doctors do not get sued. Really. Suing a doctor is very expensive for the lawyer bringing the suit and good lawyers don't throw money away. A good doctor can get sued, but most don't. A weak case can be brought but the anti-lawyer rhetoric is just that, rhetoric and not based in fact and there are checks and balances in the system so good doctors aren't hung out to dry. But, You should run a civil name search for the doctor and their practice's name. If they come up a bunch as a defendant, pick a new doc or investigate further. Out state has court records easily available online for free.

State licensing agencies Usually protect their own and often don't provide info on sanctions. It is very hard to find out about complaints, etc. Best thing is talk to other doctors about whose good in the field, or nurses. Try and get a rec. good luck.

I know some very excellent doctors who got sued. My old nurse manager's husband got sued while for complications that were not unexpected on a charity case he did. (Helped raise money to bring the child in from another country). Went to trial an everything. Often what motivates people has to do with unresolved issues issues and poor communication on the doctors part. I know intimate details two high profile cases of, made the papers and everything. I can say that in both cases the "injured" party did not follow directions the doctor gave them which certainly contributed to the outcome. I've also seen doctors who should have been sued not get sued. REALLY bad doctors or sort of like pedophiles, they know what areas to practice in so people won't file claims or sue them.

Yes, in general, I think a bad doctor is more likely to get sued. And if a doctor had many lawsuits I would consider that a red flag. However, one suit does not really say much.