Would you sue your doctor?

The Tranquil Way, Dr. Douglas Street

Doctors are still among the most trusted professionals in our society. Some persons even extend almost reverential awe to them. Doctors, being humans, do, however, make mistakes, and these mistakes may lead to harm being sustained by their patients, and some even die. Some patients, or their loved ones, may seek compensation for these harmful errors.

For a case of medical negligence to be successful, it must first be proven that the care of the doctor involved was substandard and, second, that this substandard care led to the harm of the patient involved. This may be due to the doctor doing something which he shouldn't have, or not doing something which he should. Cases of medical negligence can also involve other members of the health team such as nurses and even the administration, but this discussion will be limited to those cases involving doctors.

Medical errors are quite common. However, the errors committed often lead to insignificant or no harm at all. The harm sustained must also be significant for the case to reach the point of litigation. There are times when even serious cases are not followed through with litigation for various reasons.

The general conduct of the doctor may influence the likelihood of him or her being sued. If a doctor is seen as arrogant, greedy, impatient, and uncaring, then when things go wrong, he or she is more likely to get into hot water. As the saying goes, 'people don't care about how you know unless they know how much you care'. Therefore, a doctor may make a lot of errors, even harmful ones, but he or she may be less likely to get sued than another who makes much fewer errors because the latter is less able to display an attitude of compassion towards his clients. Doctors who attempt to take the time to communicate with their clients are also less likely to get sued.

There are some who think that a doctor who is willing to admit to an error and makes an attempt to compensate the patient is also less likely to be sued, but this is not universally accepted. There are also some persons who, out of respect for the profession, or fear of the legal process, will avoid litigation in almost all cases. The perceived cost of pursuing litigation may also dissuade some from following through with it. This is now less likely with Future Services now in the wings.