Haynes Firm - August 2020

Haynes Firm - August 2020

HaynesLawyers.com

423-928-0165

AUGUST 2020

What Is Considered Medical Malpractice? ‘Dr. Death,’ a Highly Recommended Podcast

My wife and I recently listened to a podcast called “Dr. Death.”The story chronicles the medical career of a neurosurgeon, Dr. Christopher Duntsch. It is both a fascinating and frightening story of how a physicianmade it throughmedical school —and neurosurgical residency—without having the skills or temperament to properly perform even the most routine neurosurgical procedures. In his short medical career, 33 of the 37 patients he operated on were either killed or seriously injured in the Dallas/FortWorth area. His actions were so outside of the minimal competency range for a neurosurgeon that he was criminally prosecuted in court for the injuries he inflicted on one of his patients. The criminal prosecution of a physician for poor medical care is almost unheard of, but the culpability associated with his actions, giving rise to his prosecution and ultimate conviction, is truly unparalleled. There is a lot more to the story than just Dr. Duntsch’s lack of skill or empathy. I don’t want to reveal toomuch, but there were numerous opportunities for others to intervene and prevent most of the injuries that were inflicted. I highly recommend this podcast. The vast majority of medical care providers are competent, trained, and well-intentioned in the management of their patients. In my career, I have never heard of medical malpractice being committed as flagrantly as the account described in“Dr. Death.”Over the years, however, we have encountered many instances of objectively unacceptable provider behavior. We’ve reviewed cases involving surgeons who were intoxicated while performing surgery. Some physicians have even attempted to cover up their serious errors so patients couldn’t seek justice. Surgical implements (including sponges

and hemostats) have been left inside patients and caused serious injuries. (See photo. Handled by Olen Sr., this was a real case.) We receive hundreds of calls each year from folks wondering whether or not they may have been injured as a result of substandard medical care. So, to help answer some of the most common questions, I will briefly summarize what is, and what is not, considered a medical malpractice case. First and foremost, a bad outcome is not necessarily malpractice. Any time a surgery is performed, there are risks. If a recognized risk occurs in a surgical procedure, that usually will not be considered provable malpractice. So, what is considered medical malpractice? Medical malpractice occurs when a medical professional deviates from the standard of care. This means that a medical professional has failed to practice medicine in a manner that is consistent with the minimal standards expected of a reasonably prudent and competent health care provider. How do you prove that a medical professional deviated from the standard of care? In order to prove a standard of care violation, a competent medical care provider must testify that what your provider did violated the standard of care. Amedical care professional must testify against another medical care professional. You might ask, “Aren’t physicians and other health care providers reluctant to testify against one another?”Yes, no doubt about it. Additionally, in order to be successful, a claimant must prove more than a standard of care violation. A medical professional must also testify that a patient sustained an injury that

would not have occurred “but for” the alleged standard of care violation. Let’s assume your loved one went to a hospital and received poor treatment. If they didn’t suffer a significant injury as a result of that treatment, then they would be lacking an element of a successful claim. For a successful case, we must be able to connect an injury — usually a significant injury — to the standard of care violation. For more information on Tennessee medical malpractice issues, feel free to request a free booklet through our website, HaynesLawyers.com. Contact Emily in my office if you have any questions. Thankfully, the “Dr. Death” story is so incredible that it is not likely to be repeated. Nonetheless, educating ourselves on our own conditions and, in particular, researching those that we depend on to treat us, is a smart idea. Bringing a family member to serve as an advocate and second set of eyes (and ears) to any important appointment is also a good idea. There is no need to be confrontational with a medical provider, but it is okay to politely ask reasonable questions that could impact your health or the health of a loved one. Listen to the “Dr. Death”podcast and send me an email (at [email protected] ) to let me know what you think.

REFERRALS WELCOME We thank you so much for referring clients to us over the years. We are grateful that you have trusted us with taking care of those who need our services. For any referrals, please contact us at 423-928-0165 or fill out our online contact form at HaynesLawyers.com.

Stay safe out there.

-Olen Haynes Jr.

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