Avoiding Medical Mistakes

Contrary to representations in the media, no one wants to be a party to a medical malpractice lawsuit. Of course, doctors try to avoid mistakes because it will cost them money, but if a doctor makes a mistake while you or a loved one is undergoing a procedure, the odds are it will cost you much more. After a medical mistake, your life might never be the same. You could end up being paralyzed, deformed, or dead. Before you agree to undergo a medical procedure, there are a few questions you should ask.

What are the risks of this procedure?

All surgery has risks, and there are almost no medical procedures that are completely risk-free. Make sure your doctor explains to you all the risks, their likelihood, and their eventual complications in terms of permanent conditions or supplementary treatment. Also ask how often the doctor has experienced any of the complications and how they were dealt with.

Is this procedure necessary or are there less risky alternatives?

The number one form of medical malpractice in this country is unnecessary surgery when a less invasive treatment could cure the condition. From caesarean sections to tonsillectomies to cardiac bypass, your doctor may recommend surgery when your condition can be treated by drugs or lifestyle changes. Don't give up on this point until you are fully satisfied that all other options have been considered, and don't be afraid to get a second opinion.

Are you board certified?

The American Board of Medical Specialties (ABMS) certifies specialists in dozens of fields to ensure that doctors have the knowledge and training to perform your procedure successfully. Even after your doctor says, "I'm board certified," you should make sure that the doctor is board certified in the procedure that he or she will be performing. There are very precise standards for training doctors to perform special procedures, as each procedure comes with its own set of possible complications and risks. To find out if your doctor is certified, visit, "Is Your Doctor Certified" at the ABMS website.

How often have you performed this procedure in the last year?

Doctors may know how to perform a procedure, but without practice, the doctor's knowledge and skills can decline, and a quick refresher with the textbook the night before is no substitute for genuine experience. In addition, a doctor who does not perform a surgery regularly may not feel the need to keep up with the newest developments in the field, and the combination makes surgical errors far more likely.

Do you have hospital or ambulatory surgery privileges?

Doctors are granted surgical privileges at a hospital or ambulatory surgery facility because they have been certified to have the skills and training necessary to perform surgery. It is important to know that your doctor has these skills and that, in the event of an unforeseen event, your doctor can see you through the necessary surgical steps.

Is your surgery accredited?

A hospital surgery is fully equipped to deal with nearly any eventuality, but an ambulatory surgical center is not, necessarily. There may be crucial gaps in equipment or personnel that you or even your doctor might be unaware, but will be caught and rectified in the process of certification. Make sure that the surgery where your procedure is performed is certified by the Accreditation Association for Ambulatory Health Care, the American Association of Accreditation of Ambulatory Surgery Facilities, or a similar organization.

Do you have any medical malpractice lawsuits pending or recently settled?

Most states do not force doctors to reveal this information, so your best option is often just to ask. Just because a doctor has a malpractice suit pending does not mean the doctor gave poor care, but it is something you should be aware of. Although uncomfortable, most doctors can explain the circumstances of the suit.

If you follow these steps, it is much less likely that you will be a victim of a medical error. On the other hand, if you have already suffered as a result of a doctor's mistake, you will likely need money to help cover supplementary care and/or lost wages.