In the United States, patients can sue health care professionals if they feel they have been injured. However, successful medical malpractice lawsuits require proof of the following:
The care provided was below the ordinary standard of care that would be provided by similar health care professionals under similar circumstances.
A professional relationship existed between the health care professional and the injured party.
The patient was harmed because of the deviation from the standard of care.
Concern about lawsuits sometimes puts pressure on physicians to act in ways that are not necessarily in the best interest of their patients. For example, physicians may order tests that are not clearly medically necessary to avoid even a remote possibility of missing something and thus leaving themselves open to a lawsuit. This approach, referred to as defensive medicine, exposes patients to risks (eg, ionizing radiation, need for invasive and/or uncomfortable tests to confirm false-positive results) and expenses that are not justified by the medical benefit. However, such an approach is not required by law, may not protect against lawsuits, and is generally considered excessive and inappropriate.
Explaining to patients the reasons why a particular test or treatment is not recommended and engaging patients in shared decision making about their care is usually more satisfying to patients than performing unnecessary tests or procedures at the patient's request. The best defense against malpractice lawsuits is providing excellent health care and building close, trusting, collaborative relationships with patients.
Licensing
In the United States, all health care professionals (eg, physicians, nurses, pharmacists) must have a state license to practice their profession. When patients feel that their rights have been violated, they can complain to the state licensing board, instead of or in addition to bringing a lawsuit. Every health care licensing board has a mechanism for patients to lodge formal complaints. The board investigates these complaints. If warranted, the board can impose a range of disciplinary actions, including reprimand, fine, license suspension, or license revocation. In contrast to medical malpractice lawsuits, there is no fee for lodging complaints with a health care licensing board, and patients do not need a lawyer to lodge a complaint.
More Information
The following English-language resource may be useful. Please note that The Manual is not responsible for the content of this resource.
Federation of State Medical Boards. Provides detailed information about the role of state medical boards in assuring access to high-quality health care and protecting the integrity of the practice of medicine.
