A recent article in a medical publication outlined the outrageous case of a Texas neurosurgeon who killed and maimed patients for several years while other doctors begged the Texas medical disciplinary body to take action to lift his license.
[Fatal Incompetence: Texas Surgeon Wreaked Havoc for Years][1]
Such agencies do eventually take action, even if belated, when the medical care is so bad that other doctors complain about it. But what about the provider who is not in that small category, who nonetheless violates the standard of care and causes harm to patients?
Without the ability of a patient to bring a lawsuit to shine light on poor medical care, it is often swept under the rug. In one case brought by our firm, we were able to prove that a plastic surgeon’s lack of good care almost caused a patient’s death from hypoglycemia. The case information, including the deposition of the defendant doctor, was provided to the Washington State Medical Quality Assurance Commission. The Commission then held a hearing at which the doctor’s license to practice was suspended for five years.
In another case, the information we uncovered about a plastic surgeon was used to restrict the doctor’s license. But in each of these cases, it is unlikely the state agency would have done anything without our having taken depositions that brought to light the negligence of the doctors.
The disciplinary agency is underfunded and understaffed, so it is not able to aggressively seek information about bad practices and the harm caused to patients. And when they do bring an action against the doctor, the attorneys from the Attorney General’s office are often not as experienced as the top national attorneys who are hired by the doctors to defend their licenses. That is why the depositions taken in a medical negligence case by the patient’s attorney are often the key to understanding the nature of the medical negligence and the harm it caused.
[1]: http://www.outpatientsurgery.net/news/2013/09/06/fatal-incompetence-texas-surgeon-wreaked-havoc-for-years “Fatal Incompetence: Texas Surgeon Wreaked Havoc for Years”
