Would you go to a doctor that was sued for malpractice?

[StormRichards]

I believe I might have previously mentioned this, but we got a letter last month letting us know that our PCP was leaving his private practice. He also has some involvement with a nursing home and that is what he is going to focus on.

The letter stated that he was turning his practice over to another physician. We have yet to need any medical care since receiving the letter, but while researching this physician I discovered that he was sued for malpractice.

So we are mulling over whether we should give him a shot or request our medical records and go elsewhere. Note that this does not affect our DD, who still is under the care of a pediatrician.

All votes and thoughts welcome.

[bjl584]

I probably wouldn't. There are countless doctors in my network under my insurance, so it wouldn't be a big deal to pick another one.

I rarely go to the doctor anyway. With the rise of places like MED Express, I can get in and out quicker and cheaper than ever before. Even if the service is less personal.

[disneysteve]

Good luck finding a doctor who has been in practice for any period of time and has never been named in a malpractice case. I've been in practice for almost 24 years and have been named 3 times. Two times I was ultimately dropped from the case. One time went to trial and the jury found in my favor.

I just did a quick search and about 60% of doctors have been sued at least once. I'm sure if you just look at doctors who have been in practice 10+ years, the percentage is even higher.

About 80-85% of malpractice cases are won by the doctor, and that's only the ones that go to trial. Most don't get that far and are dropped or dismissed before that, as 2 of my 3 cases were.

And Brian, what makes you think none of the docs at urgent care have malpractice cases in their history? I work urgent care myself, so I'm a perfect example of that.

[HundredK]

Being sued for malpractice means almost nothing. Being convicted of crimes or having serious sanctions (or whatever the term is for MDs) would be a different story. But being sued? That just means someone was pissed off enough to sue. It doesn't mean the doc did anything wrong.

[disneysteve]

Being sued for malpractice means almost nothing. Being convicted of crimes or having serious sanctions (or whatever the term is for MDs) would be a different story. But being sued? That just means someone was pissed off enough to sue. It doesn't mean the doc did anything wrong.

Good point. You're better off looking to see if their license was ever suspended or if they ever had any formal sanctions from the medical board. And don't just look at complaints because those are just as worthless as malpractice cases. I once had an elderly patient file a complaint with the medical board because an antibiotic I prescribed for her gave her diarrhea.

[bjl584]

And Brian, what makes you think none of the docs at urgent care have malpractice cases in their history? I work urgent care myself, so I'm a perfect example of that.

I didn't realize it was a common thing. It isn't on my radar.

[disneysteve]

I didn't realize it was a common thing. It isn't on my radar.

I don't think it is something most people think about - or care about for that matter.

[FLA]

I once had an elderly patient file a complaint with the medical board because an antibiotic I prescribed for her gave her diarrhea.

OMG! people are crazy

[creditcardfree]

For all I know I have already been to a doctor in the past that has been sued for malpractice. Once I knew though I'd like to know what for, however, I suppose privacy laws limit that disclosure. I would make my decision based on that information if available. The fact that the doctor is still legally practicing sounds promising though, right?

[rennigade]

For me it depends on what the malpractice was for. If it was for something that could/should have easily been prevented then id probably avoid that person like the plague.

For example...if the doctor misdiagnosed something that should have been straight forward to diagnose...then it would be difficult for me to go to that person who isnt on their game. How could I trust that doctor to diagnose me properly when they screwed up so bad on someone else?

There are a lot of doctors who stay in the game for a long time. Their skills/knowledge become dated. There's no possible way for them to keep up. Just think how much the medical field has changed in the past 20 years.

Fortunately for me im healthy and rarely see a doctor. I feel for those who have real issues and they're throwing darts trying to find a doctor that knows what the heck they're talking about.

[disneysteve]

For all I know I have already been to a doctor in the past that has been sued for malpractice. Once I knew though I'd like to know what for, however, I suppose privacy laws limit that disclosure.

If the case went to trial, that is public information. I can Google my name and "malpractice" and the court docket comes up for the case I was involved in.

[msomnipotent]

My pediatrician and one of my Rheumatologists left their practices because they were sued, and I'm willing to bet that they are not the only ones on my "roster" that were sued. I would still go to either of them if they were still available to me, but that is only because I know them and how they work. The first thing I did after the specialist said that I needed surgery was to check his record. I would have paid out of pocket to get a second opinion if he had any malpractice suits against him, and probably wouldn't let him do the surgery.

[FLA]

a very renowned surgeon in my hospital system cut off the wrong breast for a mastectomy. I'm sure he was sued but it didn't seem to affect his practice at all. This was 15 yrs ago and he's still going strong. I would look him up, see that lawsuit and probably not go to him if I didn't know that he's a fantastic surgeon. Mistakes happen even with the best of intentions.

[disneysteve]

My pediatrician and one of my Rheumatologists left their practices because they were sued

I'd be surprised if that was actually why they left their practices. Doctors get sued all the time. It's just a normal part of doing business unfortunately.

I would have paid out of pocket to get a second opinion if he had any malpractice suits against him, and probably wouldn't let him do the surgery.

Surgeons have a much higher rate of being sued than other specialists. The 60% figure I gave is for all docs. The same survey done in 2015 showed that 83% of surgeons have been sued for malpractice. If you are going to eliminate surgeons who have a malpractice suit in their history, you're going to have a really tough time finding a surgeon to operate on you.

[msomnipotent]

My pediatrician was sued a long time ago, when lawsuits were much rarer. I can't remember the name of the other dr, but he left without warning (I was in his office maybe a week before he left) and when I googled his name, the suit popped up. I will probably remember his name a month from now when I'm just about to fall asleep.

Unless my google-fu is weak, the surgeon doesn't have any lawsuits. I did find out that there is another surgeon with the same name that NOBODY likes and I nearly had a panic attack. Then I realized they were not the same person.