Rogue physicians - problem doctors whose conduct is illegal or unethical - account for a growing percentage of medical malpractice claims, according to a recent article in ClaimsJournal.com.
"We are definitely seeing an increase in the cases being handled," said Linda E. Jones, executive vice president of Baltimore-based RCM&D Healthcare, a third-party claims company. She highlighted the changing malpractice landscape in a recent presentation at the 2011 American Society for Healthcare Risk Management (ASHRM) Conference in Phoenix, Arizona.
Rogue Physicians are Often Responsible for Criminal Activity
A medical malpractice claim is almost inevitable for any doctor with a long career in medicine, according to a study in the New England Journal of Medicine. By age 65, 75 percent of physicians in low-risk specialties have faced a claim. Claims against high-risk specialists are 99 percent, according to ClaimsJournal.com.
Malpractice by rogue physicians, however, is linked to legal or ethical problems stemming from flawed character or sociopathic behavior, rather than from honest disputes over care. Rogue behavior resulting in malpractice includes billing fraud, sexual misconduct with patients or staff, substance abuse, intentional harm of a patient or other criminal activity.
State Disciplinary Action Against Physician Misconduct is Traditionally Lax
How is the public being protected against rogue physicians? According to a study published in NIH.com, healthcare supervisors and medical boards have consistently failed to act decisively. Instead, they have masked problems by offering empty warnings, transfers or quiet resignations to preserve a doctor's reputation. Simply firing problem doctors has been off limits, a practice that allows rogues to avoid responsibility and continue bad behavior.
Recent analysis of the National Practitioner Data Bank (NPDB) by Public Citizen, a Washington-based advocacy group, supported study conclusions. The analysis revealed that between 1990 and 2009, 55 percent of physicians whose behavior led to revoked hospital or clinic privileges had no further action taken by state medical licensing boards.
"One of two things is happening, and either is alarming," said Dr. Sidney Wolfe, director of Public Citizen's Health Research Group, who led the study. "Either state medical boards are receiving this disturbing information from hospitals but not acting upon it, or much less likely, they are not receiving the information at all. Something is broken and needs to be fixed."
If you or a loved one has been injured due to the negligence of a physician, contact an experienced medical malpractice attorney to discuss your claim and determine a course of action.
