What are the reasons doctors have suits filed against them?

Doctors in New York can have a medical malpractice lawsuit filed against them for many reasons. Any medical procedure has some degree of risk.

After a bad outcome, patients and their families could easily be looking for someone to blame for what really was an unfortunate accident.

On the other hand, there are things medical professionals can do to prevent medical malpractice claims.

According to a network of doctors affiliated with Duke University, most medical malpractice claims happen for three basic reasons:

1. A doctor has a lapse of professional judgment. These lapses can involve not collecting enough information before jumping to what turns out to be a wrong conclusion. They also happen when a doctor does not fully analyze the case. The University said that so-called “defensive medicine”, or taking the most conservative route possible, is not a guarantee of good clinical judgment.
2. While lapses in judgment account for well over half of all medical malpractice suits, poor communication is also a significant contributing factor to claims. Poor communication can include gaps in documentation, failure to fully listen to a patient’s concerns or explain things in a way they can understand, or failure to communicate with other medical professionals.
3. There are some cases where a doctor falls short with respect to their technical skills, such as in the case of a botched surgery.

Doctors can follow some best practices to prevent claims:

1. Good documentation that shows why a doctor chose one diagnosis and treatment plan over another can go a long way in establishing that the doctor exercised good decision-making, even if their conclusion turns out to be wrong.
2. Communicating in an understandable way both to the patient and to all involved is key.
3. Many times, patients who have experienced a bad outcome, or their families, simply need some empathy and encouragement, as well as ongoing medical support. Doctors who get defensive over their work may be more likely to face a medical malpractice claim.

Not every lawsuit is preventable

Even a New York doctor who diligently follows best practices can still face a medical malpractice lawsuit during their careers. As this can happen even to the best doctors, they as well of those who provide their insurance should make sure they understand all their options.