Medical malpractice is a big problem in the state of Idaho. It can lead to permanent harm for the victims who trusted medical professionals with their well-being. Overall, it’s good to understand exactly what medical malpractice is and how to avoid it as a patient.
Defining medical malpractice
“Medical malpractice” is a term that is thrown around a lot in the media. However, some Idahoans may be confused about how medical malpractice is determined. Every medical procedure has inherent risks. Just because something bad happens does not mean medical malpractice has happened. Instead, medical malpractice happens when the following elements are present:
- a medical professional has a duty to a patient
- A breach of that duty can be shown
- The care provided was below the standards of similar medical professionals
- Harm resulted from that breach
Avoiding medical malpractice
Obviously, most people would prefer to avoid medical malpractice in the first place. Even with a legal recourse through a lawsuit, the injuries can be devastating to a person’s quality of life if they survive the malpractice in question. Since malpractice is a legal tort instead of a crime, some people may be confused in regards to how to find out if a doctor or other medical professional committed medical malpractice in the past. However, the following steps can certainly provide some evidence:
- Check the Idaho Board of Medicine to find possible licensing suspensions
- Use the Federation of State Medical Boards’ Physician Data Center to search for possible disciplinary records
- Check state listings of case dockets regarding medical malpractice cases
- Read reviews of the doctor in question online to find complaints or mentions of malpractice lawsuits
- Search articles in your local newspaper and even in Google with the name of the doctor in question
Overall, although there is no medical malpractice database to examine, you can find plenty of supporting evidence through other sources to prove that a doctor or other medical professional was sued over their shoddy work. This evidence may be enough to prevent you from becoming another victim.