Common Misconceptions About Medical Malpractice Claims

For doctors and other healthcare professionals, medical malpractice suits are one of the greatest risks of practice. Unfortunately, Americans are litigious people, with the end result being that healthcare professionals must devote extensive time and energy to avoiding malpractice suits and defending themselves if they are sued. Medical malpractice is one of the more complex areas of personal injury law, and even many healthcare professionals have misconceptions about it. Here, our North Carolina personal injury defense attorneys correct some of the most common misconceptions about medical malpractice claims in an attempt to save healthcare professionals from making costly errors. 

If Something Goes Wrong, it Must Be Malpractice, Right?

Healthcare is an inherently risky endeavor. There are always risks associated with any kind of medical procedure, but when doctors recommend procedures to their patients, they do so because they have determined that the benefits outweigh the risks. In other words, just because something goes wrong does not necessarily mean malpractice occurred.  

The operative principle in medical malpractice claims is the standard of care. The definition of “standard of care” in North Carolina can be found at § 90-21.12: “[T]he standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities under the same or similar circumstances at the time of the alleged act giving rise to the cause of action.” Thus, when something goes wrong, it only constitutes medical malpractice if the plaintiff can show that the healthcare professional’s conduct was below or otherwise not in accordance with the relevant standard of care. 

Establishing the relevant standard of care can often make or break a medical malpractice case, which is why you should consult an experienced North Carolina personal injury defense attorney who has experience defending such actions. 

If a Patient Sues, the Doctor Is Probably Liable 

Allegations of medical malpractice can wreak havoc on a healthcare professional’s reputation and livelihood. But it’s important to keep in mind that an allegation is merely an allegation. Just because a healthcare professional has been sued for medical malpractice does not mean that they are liable. The burden of proof in litigation is on the plaintiff to show that the defendant is liable by a preponderance of the evidence. In fact, many medical malpractice cases are dismissed or otherwise resolved before trial without findings or admissions of negligence.  

Medical Records Are Bulletproof 

Documentation is one of the most important tools for both the plaintiff and the defense, but they are far from bulletproof. While incomplete, contradictory conclusions or contradictory notes can doom a plaintiff’s claim, they can also cast doubt on a healthcare professional’s defense. Shortcomings with medical records can give judges and juries the impression that a healthcare professional’s notes are formulaic or that they missed critical warning signs of adverse events. To avoid such an outcome, healthcare professionals should ensure that they keep extensive and detailed notes that are tailored to the individual patient. For more information about the importance of medical records as evidence, please contact one of our North Carolina personal injury defense attorneys. 

Only Doctors Get Sued

It’s true that when a patient suffers an adverse event in the course of their treatment, their ire is often focused first and foremost on their treating physician. However, doctors are not the only healthcare professionals who are at risk of medical malpractice claims. Plaintiffs’ attorneys often try to cast as wide a net as possible when searching for potentially liable parties to sue, so anyone involved in the patient’s care is a potential target, including nurses, anesthetists, pharmacists, physical therapists, and even EMTs. Do not assume that you are not at risk of being sued for medical malpractice merely because you are not the patient’s treating physician. 

If I Didn’t Make a Mistake, I Have Nothing to Worry About 

As we established above, just because something goes wrong does not mean malpractice occurred. Similarly, just because you didn’t make a mistake does not mean something won’t go wrong. Patients typically see adverse outcomes as the result of mistakes at the low end and medical malpractice at the high end, so you don’t necessarily need to have made a mistake to be the target of a medical malpractice suit. Healthcare professionals are often sued even when they follow every protocol in the book. In many cases, perceived mistakes are enough to induce a patient to sue. 

Most Malpractice Cases End With Huge Payouts 

Huge payouts mean huge losses for healthcare professionals and their insurers. However, huge medical malpractice damages awards are rare; as stated above, most cases are dismissed, settled, or result in more reasonable payouts. North Carolina law also provides some insulation from eye-popping damages awards. While there is no limit on economic damages, noneconomic damages in medical malpractice cases under § 90-21.19 are capped at $500,000, although there is an exception if (a) the plaintiff suffers disfigurement, loss of use of part of the body, permanent injury or death, and (b) the defendant’s acts were committed in reckless disregard of the rights of others, grossly negligent, fraudulent, intentional or with malice. 

I Won’t Get Sued if My Patients Like Me

Effective doctor-patient communication and well-practiced bedside manner can indeed go far in improving healthcare outcomes and reducing mistakes that can lead to medical malpractice lawsuits. Nonetheless, healthcare providers should not rely on their rapport with their clients alone to shield them from medical malpractice claims. When push comes to shove, a patient who feels wronged is likely to file a petition regardless of how much they like their doctor.

Medical Malpractice Claims: Get Help From a North Carolina Personal Injury Defense Attorney 

Medical malpractice cases are notoriously complex and high-stakes, which is why you need competent and experienced representation if you are facing a malpractice suit. For more information about effectively defending a medical malpractice action, please contact a North Carolina personal injury defense attorney at Harris, Creech, Ward & Blackerby by calling 252-638-6666 or using our online contact form.