What Happens to Doctors Guilty of Malpractice?

What Happens to Doctors Guilty of Malpractice?

Doctors dedicate their lives to healing and caring for others. They work tirelessly, often under enormous pressure, to provide the best outcomes for their patients. However, like anyone else, doctors are human. They can make mistakes. When these mistakes lead to harm or injury, they may be accused of medical malpractice. 

Malpractice cases are emotionally challenging for the patients and their families, who often turn to an experienced medical malpractice lawyer for guidance. But they also carry significant consequences for the medical professionals involved. 

So, what happens to doctors guilty of malpractice? What penalties do they face, and how does it impact their professional and personal lives? Let's take a closer look at what happens when a doctor is held accountable for malpractice.

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Understanding Medical Malpractice

Before discussing the repercussions, it’s important to understand what medical malpractice entails. Medical malpractice occurs when a healthcare professional provides a substandard level of care that leads to injury, harm, or even death to a patient. Malpractice can result from various issues, including misdiagnoses, surgical errors, improper treatments, failure to obtain informed consent, or neglect during patient care.

It’s worth noting that not every unfortunate medical outcome qualifies as malpractice. Medicine is not an exact science, and even with the best care, sometimes things go wrong. For a case to be considered malpractice, it must meet certain criteria, such as proving that the care provided deviated from accepted medical standards and that this directly caused harm to the patient.

Legal Consequences

One of the most immediate repercussions for doctors found guilty of malpractice is legal action. Once a malpractice suit progresses, doctors may be subject to lawsuits in civil court. These lawsuits often seek compensation for the damages suffered by the patient, such as medical expenses, lost wages, and pain and suffering.

The burden of proof in medical malpractice cases is lower than in criminal cases, typically requiring that the plaintiff demonstrate the doctor was negligent by a "preponderance of the evidence," meaning it’s more likely than not that the provider’s actions caused harm. If the plaintiff can prove negligence on the part of the healthcare professional, the jury will likely award compensation.

If a doctor is found liable, they or their malpractice insurance may be required to pay the awarded compensation. While insurance covers most of these costs, the professional and financial strain on the doctor can be significant. Legal battles are lengthy, stressful, and emotionally taxing for everyone involved.

Additionally, in rare and severe malpractice cases, doctors may face criminal charges, especially if the negligence involves gross misconduct, fraud, or intentional harm. These cases are pursued by the government, not by the patient, with the goal of punishing the healthcare provider through penalties like fines, license suspension, or even imprisonment. 

The burden of proof is significantly higher in criminal cases, requiring "beyond a reasonable doubt" to convict the provider. Convictions in criminal court carry potentially severe penalties, including fines, probation, or even imprisonment.

Professional Repercussions and License Revocation

A malpractice judgment doesn’t just end with legal penalties; it can also have devastating effects on a doctor’s career and reputation. One of the most serious consequences involves their professional license.

Medical boards in each state oversee the licensing and regulation of healthcare professionals. When a doctor is found guilty of malpractice, the case is typically reported to the state medical board. The board reviews the details of the case to determine whether the doctor’s fitness to practice has been compromised.

The outcomes of medical board investigations can vary widely, depending on the severity of the misconduct. Some of the actions medical boards may take include:

• License Revocation: The board may revoke a doctor’s license, effectively ending their ability to practice medicine.
• License Suspension: Doctors found guilty of less severe offenses may face temporary suspension, allowing them to resume their practice after meeting certain conditions.
• Probation or Restrictions: Some physicians are placed under probation or have restrictions imposed on their practice, such as being supervised or barred from performing certain medical procedures.
• Mandatory Training or Counseling: The board might require doctors to attend additional training or counseling sessions to address the issues that led to malpractice.

License revocation and suspension are among the most feared outcomes for doctors, as they strip away their ability to work in their chosen field. For many, the years of education, training, and dedication invested in becoming a physician feel wasted when they are no longer allowed to practice.

Increases in Malpractice Insurance Premiums

Most doctors carry malpractice insurance, which plays a significant role in handling the financial fallout of malpractice cases. Malpractice insurance is designed to cover the costs of litigation, settlements, or judgments against physicians accused of malpractice. While this provides some financial relief for doctors, it doesn’t eliminate all their burdens.

When a doctor is found guilty of malpractice, their malpractice insurance premiums often increase significantly. Some insurance providers may even refuse to renew coverage, leaving the doctor to struggle to find another provider willing to take them on. Higher premiums or the inability to secure coverage can place additional financial strain on the doctor and may force them to consider leaving their practice altogether.

Impact on Reputation and Career

Being found guilty of malpractice can harm a doctor’s reputation, potentially ending their career. Trust is the foundation of the doctor-patient relationship, and when a malpractice judgment comes to light, it can erode the trust patients have in that doctor. Negative publicity surrounding a malpractice case may lead patients to avoid seeking care from that physician, leading to fewer appointments and a declining practice.

For doctors working in hospitals or clinics, a malpractice judgment can jeopardize employment. Hospitals may terminate contracts with doctors found guilty of malpractice, and finding a new position becomes significantly more challenging. Competition in the medical field is intense, and a history of malpractice can make a doctor less appealing to potential employers.

Even if a doctor continues practicing, their career trajectory may be permanently altered. Opportunities for promotions, partnerships, or leadership positions within the medical community may evaporate due to the stigma attached to malpractice.

The Emotional and Personal Toll

The consequences of malpractice extend beyond the professional sphere; they can profoundly affect a doctor’s personal life and mental well-being. Accusations of malpractice are deeply distressing, and a finding of guilt can lead to feelings of shame, regret, and isolation.

Doctors may experience anxiety, depression, or burnout from the strain of navigating legal battles, facing disciplinary actions, and rebuilding their professional lives. The loss of a license or the inability to practice can result in financial instability, adding stress to their personal relationships and overall quality of life.

It’s important to remember that most doctors enter their profession with the intention to help, not harm. For many, being found guilty of malpractice is a deeply traumatic experience that conflicts with their sense of identity and purpose. This emotional burden is often overlooked but is a significant consequence of medical malpractice.

Begin Practicing Defensive Medicine

As a direct response to a medical malpractice lawsuit, some medical professionals aggressively begin to practice defensive medicine—focusing on protection from potential future lawsuits. The practice of defensive medicine includes performing additional tests and procedures that a patient does not necessarily need.

In some cases, extra tests and procedures are not in the patient’s best interest, but they protect doctors because they keep patients happy and avoid a potential future lawsuit. Defensive medicine also increases the cost of healthcare, which gets passed on to patients.

Loss of Clinical Privileges

Doctors often see patients at multiple locations, especially if they do not have their own practice. For example, an orthopedic surgeon might perform surgeries at as many as four to six hospitals. Similarly, other specialists might visit rural hospitals once per week.

Hospitals and clinics that grant privileges to doctors typically want to distance themselves from practitioners who have committed malpractice. Depending on the circumstances of the malpractice, a doctor might lose privileges at one or more facilities if they lose their malpractice claim

Exclusion From Federal and State Healthcare Programs

Doctors sometimes receive funding and obtain new patients from Medicare, Medicaid, and state-sponsored healthcare plans. Certain malpractice claims lead to exclusion from these programs. This is especially true when a criminal conviction or multiple civil judgments exist. This means doctors who can still practice can only accept private insurance and cannot treat people who rely on government healthcare.

Medicare and Medicaid make up a large portion of income for most hospitals. Exclusion from these programs can impact a doctor’s employment because treating facilities typically want to be able to accept government-sponsored health insurance.

Entry into the National Practitioner Data Bank (NPDB)

The U.S. Department of Health and Human Services (DHS) maintains records of all adverse actions taken against medical professionals, known as the National Practitioner Data Bank (NPDB). Even if a doctor who committed malpractice has had no other consequences beyond a judgment against them, they will have an entry in the NPDB.

Most of the actions listed above are reportable events to the NPDB. This helps prevent a doctor who committed malpractice from moving to another state to escape their mistake. New employers can access the NPDB to see what entries a doctor might have listed.

Malpractice is common enough that almost all doctors get sued at least once. However, doctors with multiple entries will find it difficult, if not impossible, to find another job. In some cases, doctors who do not lose their license to practice might switch professions.

Prevention and Accountability

While the consequences of malpractice can be severe, the medical community continuously emphasizes prevention and accountability to improve patient safety. Doctors are encouraged to engage in ongoing education, follow evidence-based practices, and communicate transparently with patients to minimize the risk of mistakes.

For patients, understanding how accountability works in the healthcare system can provide reassurance. Most healthcare providers strive to learn from medical errors and implement changes to prevent similar incidents in the future.

Navigating Malpractice from a Patient’s Perspective

If you or a loved one has been harmed as a result of a doctor’s negligence, it’s natural to feel overwhelmed and uncertain about the next steps. Pursuing a malpractice claim can be a way to seek justice and ensure accountability, but the process is often complex.

At The Levin Firm, Our Philadelphia personal injury lawyers, understand the emotional and physical toll medical negligence can take on patients and their families. Our team is here to guide you through the legal process with skill and compassion. By holding healthcare providers accountable, we aim to ensure that victims receive the compensation and support they deserve. Contact us today at (215) 825-5183 or through our online form for a free consultation to discuss your case confidentially. Remember, you don’t have to face this alone—we’re here to help.

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