How do I check a doctor for malpractice?

Posted in: Medical Malpractice | Oct 19,2021

When you need medical treatment above and beyond what you can do at home, you likely consult with professionals. If those medical professionals fail to live up to the standards set forth by their profession, you may end up asking, “How do I check a doctor for medical malpractice?” As you can imagine, it’s not a linear path, but there are guidelines to follow. 

When you suspect you or a loved one may have been a victim of a negligent medical professional, you can do a little investigative work. A good starting point is to make sure you understand what defines medical malpractice, look at some examples, do a little online research, and then get expert counsel for clarification of your questions and evaluation of your case.

What is medical malpractice?

Medical malpractice is a term we’ve all heard, but often in the context of headlines without much foundational background. So, what is medical malpractice? By definition, medical malpractice is negligence committed by a professional health care provider resulting in harm to a patient or patients. There are some strict guidelines that determine whether a case qualifies as medical malpractice. The following must be true: (1) a standard of care is violated, (2) injury resulted from medical malpractice, (3) significant damages occurred as a result of the injury, and (4) the defendant must be a professional.

Finding examples

Review some examples of medical malpractice. Your case may be similar. One of the most common examples of medical malpractice is misdiagnosis. When a doctor and patient have an established relationship, the patient becomes a victim when the doctor makes a decision to prescribe medication, order treatment or hold back on treatment based on an erroneous diagnosis or lack of diagnosis.

Other examples of medical malpractice include:

  • Childbirth injury
  • Dental malpractice
  • Hospital or nurse negligence
  • Improper emergency room treatment
  • Medical misdiagnosis
  • Cerebral palsy (birth incident)
  • Anesthesia errors
  • Medication errors
  • Misdiagnosed cancer
  • Misread X-rays
  • Stroke or brain injury
  • Surgical errors

Look them up

Check to see if your doctor’s license is valid and look up their discipline history.

  • Go online to Indiana’s license verification tool. Select “Medical Licensing Board”  under “Profession,” and then search for your doctor.
  • Search online for Indiana License Litigation. Choose “Medical Licensing Board” and then click “Advanced Search” to search by your doctor’s name.

Talk to an expert

If you think you or your loved one has experienced medical malpractice, the best course of action is to consult with experienced medical malpractice attorneys who will have all the tools to thoroughly check out the medical provider. Montross Miller has been dedicated to knowing the intricacies of medical malpractice for over 40 years. We have an extensive network of physician consultants and even have an attorney on staff who is a board-certified physician. We’re serious in our approach to delivering justice and revitalizing the lives of our clients who are victims of medical malpractice. 

When you talk to an experienced team of attorneys, well-versed in the intricacies of medical malpractice, you can begin to answer some of the important questions related to your case. How do I know if my doctor has been disciplined or sued? How can I check my surgeon’s record? Too many medical malpractice victims never approach these questions and therefore, don’t find a path forward. 

Under the Indiana Medical Malpractice Act, medical providers who elect for coverage under the Act are reviewed by a medical review panel. The patient selects a doctor and the defendant selects a doctor. Those two doctors then select a third doctor to round out the panel. A third-party attorney serves as chairman of the panel. The panel does not decide the case, but instead forms an opinion as to whether or not the evidence supports a medical malpractice claim. Often, the claim is resolved based on this report. The patient still has a right to go to court and the defendant doctor/nurse/hospital still has a right to defend the case.