The short answer is yes. Any patient can file a medical malpractice claim against you, even when your care is entirely appropriate. However, filing a lawsuit and winning one are two distinct outcomes.
Proving that malpractice occurred
A malpractice lawsuit requires more than an unhappy patient or a poor outcome. To succeed, a plaintiff must prove the following in court:
- That a doctor-patient relationship existed
- That you, the medical provider, breached the accepted standard of care
- That your negligence caused the injury
- That the injury resulted in actual damages
Failing to prove even one of these elements can result in a case dismissal. When you provide treatment that aligns with accepted medical practices, it can be difficult for the plaintiff to establish the second element.
Meritless lawsuits still occur
Patients often confuse a bad outcome with negligence. Common occurrences such as a surgical complication or a condition that deteriorates despite treatment can seem like malpractice to someone who is unfamiliar with medical realities.
Emotions also play a role. Grieving families or patients dealing with chronic pain may seek accountability when none exists. These feelings are understandable, but they do not change the legal requirements for proving liability.
In New York, lawyers filing a malpractice claim must provide a certificate of merit. This document confirms that a qualified medical expert reviewed the case and found reasonable grounds to proceed. Its purpose is to prevent truly frivolous lawsuits from going to court.
Protecting yourself through documentation
Your most effective defense begins long before anyone files a lawsuit. Thorough, accurate documentation creates a contemporaneous record of your clinical reasoning and the care you provided.
These records should include information such as your patient’s medical history, treatment decisions, follow-up instructions and patient compliance. When your records clearly show adherence to accepted practices, it becomes much harder for a plaintiff to argue otherwise.
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