Discipline Against Bad Doctors Plummets During The Pandemic

Medical negligence is the third leading cause of death in the United States. However, during the pandemic, emergency actions against doctors' licenses have notably declined 59% from April to June compared to the same period last year, USA Today reports. In fact, emergency license suspensions and restrictions decreased 85% in April alone. Patient safety advocates are concerned about what this means for vulnerable patients. 

Reasons for the decline

The pandemic closed down most courts, while some hospitals were slower to produce relevant documents while dealing with the virus. Additionally, New York Gov. Andrew Cuomo gave hospitals and doctors immunity from civil lawsuits for anything related to Covid-19 treatment. Medical errors can also be harder to detect in a pandemic when only the sickest patients are treated - many of them already nearing death. Moreover, Dr. David Sherer says medical boards are increasingly reluctant to suspend licenses due to the shortage of doctors during the pandemic. He regularly sees job openings with salaries of $600,000 or over. However, Chaudhry of the Federation of State Medical Boards refutes this link. "The guiding light, our North Star, is to protect the public," he said. "It's the facts of the complaint and the case. The workforce issue does not factor into individual cases."

Concern for patient safety

When doctors are prevented from practicing at their hospital after harming a patient, they should at least temporarily lose their license altogether, patient safety advocates say. However, there's only been a 2% dip in emergency restrictions of doctors' clinical privileges in January to June. Patient advocates are concerned for the many vulnerable hospital patients and increased risk of errors and complications. "It's a perfect storm: A doctor shortage, doctors are strained by the stress of the pandemic, and sicker patients," said Dr. Sherer. According to Public Citizen Health Research Group's Azza AbuDagga, the new data is extremely concerning, as only 2% of medical board complaints actually progress to the formal hearing stage. It generally takes at least a year from the time a doctor is accused of patient harm to the resulting data being formally saved.  

Preventing medical malpractice

It's more important than ever for families to take a proactive approach to their medical care. Ask your doctor about the pros, cons, and side effects of potential treatment. Don't settle for anything less than full and clear answers, and always get a second opinion. Never go along with anything you're not comfortable with. If medical malpractice does occur, it's important to know your legal rights: lawyers can pursue compensation for misconduct or negligence. In the case of wrongful death, surviving family members can also receive compensation for emotional and economic damages, legal experts at jjsjustice.com advise. While money can't make up for the loss, it's your right to pursue compensation for resulting lost income, funeral expenses, medical expenses, and emotional suffering. Wrongful death lawyers can provide support and guidance along the way.

Medical malpractice continues to be a serious issue in the US. Substandard medical treatment often results in permanent injury, and even death. Medical malpractice lawsuits can help families win compensation for harm and injury caused.