Being accused of medical malpractice can send your life into a tailspin. Not only do you have to live with the knowledge that a patient under your care suffered harm, but you could also face the possibility of losing your medical license. Without a license, you won’t be able to practice medicine or earn a living in the field you’ve chosen.
To address these concerns, it’s critical to work with a qualified medical license defense attorney.
What is medical malpractice, and what are the potential consequences of a lawsuit for it? Learn more about the process and why hiring an attorney is one of the best decisions you can make.
What Is Medical Malpractice?
Medical malpractice refers to a medical professional’s failure to meet the accepted standard of care, resulting in a patient suffering preventable harm. Not all injuries that occur in a medical setting point to malpractice, however. So how can a patient prove that you’re liable for their losses?
The plaintiff (the person bringing the lawsuit) will need to meet a few key requirements to pursue a medical malpractice claim. First and foremost, they must prove that you owed them a duty of care. If a doctor-patient relationship existed, that requirement would be satisfied.
The plaintiff must also show that you breached the responsibility you owed them. This requires demonstrating that another medical professional wouldn’t have behaved in the same negligent manner.
Causation comes next. The plaintiff must show that your conduct was the direct cause of the losses they’ve suffered, and that those losses are compensable. Impacts that qualify for compensation include physical injuries or emotional distress.
As a healthcare provider, you could potentially be accused of various forms of medical malpractice, including:
- Surgical errors
- Misdiagnosis
- Delayed diagnosis
- Medication errors
- Birth injuries
- Failure to monitor
- Anesthesia errors
It’s not just doctors, either — any number of health professionals could face medical malpractice claims, such as:
- Nurses
- Therapists
- Pharmacists
- Anesthesiologists
In California, there’s no need for the patient to file an affidavit of merit with their claim, making it easier to start the process. That can be highly detrimental to you as the defendant, as you could face claims that have no legal merit but could nonetheless impact your professional licensing and reputation.
Understanding the State Board of Medicine’s Role
The Medical Board of California is in charge of licensing doctors, as well as managing disciplinary actions. When a patient files a malpractice complaint, the Board quickly becomes aware of the situation and initiates a review process.
This doesn’t mean you’ll immediately lose your license or suffer a suspension. However, it does mean you’ll be subject to an invasive and stressful investigation.
Unlike personal injury cases, which are heard in civil court and only result in orders to pay statutory damages to the plaintiff, the decision of whether you can keep your license or not will come down to the Board’s decision. If the Board finds that you were grossly negligent, it has the authority to revoke your medical license.
Gross negligence refers to conduct that displays an egregious lack of care or even outright disregard for patient safety. It goes beyond ordinary negligence and can therefore provide a basis for the revocation of a medical practitioner’s professional credentials.
The Board can decide on a number of actions. If the reviewers believe you’re guilty of malpractice, they can institute a probation period, suspend your license, or revoke it entirely.
Unfortunately, you don’t have to lose your license to suffer a serious reputational blow. Medical malpractice claims are a matter of public record, so you could lose patients and income even if you retain your license. What’s more, your insurance premiums will likely skyrocket.
Hiring a License Defense Lawyer After a Medical Malpractice Claim
As soon as you learn that you’re facing a medical malpractice lawsuit, you should hire a license defense lawyer. These attorneys represent professionals facing formal investigations or disciplinary actions of any kind.
Your license defense lawyer will investigate the accusations against you and gather evidence that can be used during hearings. With this information, they can begin developing a strong defense to present to the Board.
You should never attempt to get through a formal disciplinary hearing without dependable legal representation. Attorneys have experience navigating these legal challenges, and yours will know how to present a compelling argument for why you shouldn’t face disciplinary action.
Your lawyer will advise you of your rights and the legal consequences you might face. Together, you can decide whether petitioning the licensing board is the best option to avoid license revocation or suspension. If the outcome isn’t what you want, your attorney can also help you file an appeal.
Additionally, if you surrendered your license and have the chance to recover it after a certain amount of time, having an attorney can make the process much easier. They’ll walk you through each of the necessary steps and present your case effectively.
Work With an Experienced Medical License Defense Lawyer
If you’re in the midst of a medical malpractice lawsuit or have recently discovered that a patient is filing a claim against you, it’s imperative to hire a qualified license defense lawyer.
Legal claims and disciplinary hearings are complicated procedures, and there’s too much at stake to try to handle them yourself. Getting ahead of the problem as quickly as possible will give you a chance to avoid the harshest consequences.
Since 1997, the capable team at Unlock Legal has represented professionals throughout California who are being threatened with disciplinary actions.
Our experience and dedication make us the sensible choice to oversee your case. We’ll handle each crucial task, including investigating the allegations against you, gathering evidence, developing robust defense strategies, and representing you at hearings.
We know the laws regarding professional licenses in California and can help protect yours.
Don’t wait to start searching for legal help. Contact Unlock Legal today to schedule a consultation with a knowledgeable medical license defense lawyer.
