It is important to note that where there are two or more recognized methods of diagnosing or treating the same condition, a physician does not fall below the standard of care by using any of the acceptable methods even if one method turns out to be less effective than another method.
Much has been written and discussed over the last decade about accountability, particularly as it applies to the issue of liability for medical decision making in the care and treatment of healthcare plan enrollees and beneficiaries.
The plaintiff asserted that during the diagnostic laparoscopy, Dr A and Dr B should have detected the ectopic pregnancy in the right fallopian tube. Her attorneys claimed that based upon the plaintiff’s abdominal pain, vaginal bleeding, and β- hCG levels, and absent evidence of intrauterine pregnancy on ultrasound, the defendants should have presumed ectopic pregnancy and adequately evaluated the fallopian tube before discharging the patient, thus avoiding rupture.
Given the crucial role pediatricians play in the health of children and in the US healthcare system in general, it is vitally important that pediatric practices understand what the actual legal obligations and risks are for providing pediatric services.
Dr. Surgery undertook a weekend blepharoplasty course at a well-respected, nationally recognized occuloplastic surgery program. He has since performed three procedures. Dr. Surgery covered the risks with his patients and received both oral and written consent. His third patient unfortunately suffers the rare complication of retrobulbar hematoma and blindness and sues. Should he be concerned?
A loophole exists that allows a physician to avoid being reported to the NPDB if a malpractice plaintiff agrees to dismiss the practitioner from a lawsuit or claim, leaving a hospital or other corporate entity as the sole defendant.