How to Check Out a Doctor for Medical Malpractice

Before selecting a doctor, you may want to make sure that a healthcare provider hasn't been disciplined in the past by their medical board for unsafe behavior. You also want to ensure that they haven't had any malpractice suits filed against them.

Malpractice suits may be filed if a patient experiences injury, harm, or death due to inappropriate medical care. In 2023, there were 10,172 medical malpractice payment reports filed with the Health Resources and Services Administration in the United States.

This article explains how to check out a doctor, dentist, or other provider for a history of medical malpractice. It is meant to help you make informed decisions about your health care.

What Is Medical Malpractice?

The concept of medical malpractice dates back to ancient times, with evidence from Egypt, Greece, and beyond. Consider Hippocrates and the call to "do no harm" dating to the 5th century BCE.

The first known lawsuit, Stratton v. Swonland, involved claims of a mistreated hand injury in 1374. A modern definition of medical malpractice has its roots in British law, where it was defined by William Blackstone during the 1700s as an offense that harms a patient and breaks trust with the provider.

The elements that const medical malpractice include:

• A professional duty to care for the patient
• Some breach or failure of that duty
• Harm caused by that breach (causation is generally the hardest element to prove and one of the best defenses against a suit)
• Damages that occurred because of the harm

People have the right to file a legal suit in civil courts over medical malpractice, broadly defined as a provider's departure from the commonly accepted standard of care. This can include direct actions, like surgery or medication error, or indirect neglect like failing to order tests.

One study of 60 cases involving emergency department trainees found that 62% of errors were a failure to properly diagnose, 22% were treatment-related, and 15% involved a procedural error.

Examples include:

• Permanent disability from an improperly healed fracture
• Death from a ruptured ectopic pregnancy
• Serious injuries in a dementia patient's fall when neglecting to replace bed rails
• Permanent disability due to complications of bacterial meningitis
• Appendicitis misdiagnosed as gastroenteritis (an infection)

In this study, the average award following a trial was $1.7 million, with average out-of-court settlements about half that in 2023 dollars.

How Do I Find Out if a Doctor Has Complaints?

Finding out if your healthcare provider has ever received any complaints may be a bit tricky. While you may be able to see some ratings or disciplinary information on a healthcare rating website, it may not be complete or current. In some cases, it is up to the healthcare provider to self-report problems, which some may avoid doing.

How Do I Do a Background Search on a Healthcare Provider?

It may take some time to search for information on a healthcare provider, so don't be discouraged if you don't get answers immediately. In some cases, you may need to speak with someone by phone if you can't find the answers online. To do a background medical search:

1. Go to the Federation of State Medical Board's Physician Data Center to check the healthcare provider's basic information. This includes education and board certifications, which are additional exams that some doctors take to prove their specialty knowledge. Other information may include what states an active license is maintained and any actions against the healthcare provider.
2. Check the state's medical licensing board for your state and anywhere the healthcare provider has practiced using the American Medical Association Doctor Finder. If you find a healthcare provider's license has been suspended, that generally means that there has been an actionable offense.
3. Do an online search. Place quotation marks around the healthcare provider's name and follow this with keywords like "malpractice," "lawsuit," "sanction," "complaint," or "suspension." Start by using only one keyword at a time and use more as you widen your search.

Note that there may be more than one healthcare provider with the same name, so cross-reference whatever information you find.

How Do I Make a Qualified Judgment When Selecting a Doctor?

A malpractice track record or ratings may not provide the whole story. For example, some rating sites may indicate that a surgeon is "successful." However, some surgeons, in order to keep their ratings high, will not accept high-risk patients. A record that shows a higher failure rate doesn't always mean that a healthcare provider is "less successful."

Certain specialties face more medical malpractice risk, too, including:

• Emergency medicine
• Orthopedic surgery
• Neurosurgery
• OB-GYN (obstetrics and gynecology)
• Radiology

A malpractice suit may be a red flag, but it is not unusual for a suit to be filed for a death or injury beyond a healthcare provider's control. Try to be objective and focus on finding the best healthcare provider, surgeon, or specialist for your needs and condition. Don't hesitate to ask a healthcare provider about a malpractice suit or other action you may find.

Summary

When searching for a healthcare provider, you may want to see if they have ever received any complaints or have had any malpractice suits filed against them. To search for this information, you can use specific keywords and look at certain reputable websites.

While found information may be helpful, keep in mind that it may not accurately or fully reflect the healthcare provider's skills or the circumstances around the complaint or lawsuit.

You can always respectfully ask your healthcare provider directly if they have had a malpractice suit filed against them. But follow your gut when it comes to finding the best healthcare provider for your needs.