Tuesday, March 27, 2012

Medical Malpractice Liability for Referrals: It Cuts Both Ways

When most people think of medical malpractice, they likely imagine a botched surgery, a missed diagnosis, or a prescription error directly caused by the treating medical provider's oversight or mistake. In some cases, however, doctors, physicians, and/or hospitals may be liable for patient injuries related to a decision to suggest, or not suggest, another form of treatment or another health care specialist. As we'll explain, this presents somewhat of a catch-22 for medical professionals and patients.

To Refer or Not to Refer, That Is the Question

In the modern medical age, the forms of treatment available to patients are often numerous and varying. Both conventional and alternative therapies may exist to treat the same condition, but patients may not always benefit from all treatments available to them. In some situations, physicians may be concerned about their own exposure to liability if they refer patients for alternative treatments, such as chiropractic therapy or massage therapy. Likewise, a doctor may not suggest a novel medical treatment for fear of liability if the treatment presents unknown risks or side effects to the patient.

At the same time, health care providers are often correct to be cautious, for they could indirectly harm a patient by unknowingly referring him or her to an incompetent health provider, or by failing to accurately evaluate the safety and/or efficacy of a procedure or treatment. If a physician does not fully explain the suggested therapy, he or she could also be liable for not providing adequate informed consent. In some situations, the doctor may not fully understand the proposed treatment him or herself.

Patients deserve to receive the best care possible from health care providers and treatment facilities, and medical professionals should not be more concerned with avoiding a medical malpractice lawsuit than providing the highest level of care to their patients. If health care professionals stay abreast of advancements in their industry and the work of their colleagues, patients are less likely to be the victims of inferior or shortsighted treatment.

Experienced Colorado Medical Malpractice Attorneys

Claims based on the failure to make a referral or negligence in making a referral are complex, and require the advice and counsel of an experienced medical malpractice attorney. If you believe that a Colorado health care provider's negligence or oversight compromised the medical treatment received by you or a loved one, please contact the medical malpractice attorneys at Paulsen & Armitage, LLC in Denver. During a free initial consultation, we can discuss your rights and legal options.