In this episode of Dr. Lawyer Breakdown, Dr. Joseph Ramos explores what it means to practice both medicine and law and how those perspectives shape the way he views medical malpractice. Dr. Ramos explains why doctors often worry about being sued, how the fear of litigation can contribute to defensive medicine and why physicians can become frustrated when attorneys question their clinical judgment. He also discusses the high standard that must generally be met to establish medical malpractice and why relatively few cases ultimately become lawsuits.
Dr. Ramos then examines the challenges on the legal side, including the cost of medical experts, litigation expenses, damages and state limits on certain recoveries. Using the example of a surgical sponge left inside a patient, he explains how even an obvious medical error can become difficult to pursue when litigation costs are high and damages may be limited. Ultimately, Dr. Ramos says his experience as both a doctor and lawyer allows him to understand the perspectives of patients and physicians while helping patients navigate the legal system after something goes wrong.
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From the Exam Room to the Courtroom: 6 Key Takeaways
- Dr. Ramos Continues to Practice Medicine: Dr. Ramos remains a practicing physician and sees patients one day a week while continuing his legal career.
- Doctors Can Fear Malpractice Lawsuits: Physicians may view being sued as psychologically difficult and that the fear of litigation can influence how they practice medicine.
- Defensive Medicine Can Shape Medical Decisions: Ordering an additional test, reviewing records again or prescribing something a patient may not need can sometimes be driven by a desire to avoid missing something and being sued.
- Medical Malpractice Requires More Than a Mistake: A successful malpractice case involves proving duty, a breach of the standard of care, causation and damages, making the legal threshold significantly higher than simply showing that something went wrong.
- The Cost of Litigation Can Make Cases Difficult to Pursue: Medical experts, depositions, records and other litigation expenses can quickly add up, particularly in cases where the patient’s resulting damages may be limited.
- Being a Doctor and Lawyer Gives Ramos Two Perspectives: Dr. Ramos says his medical background helps him understand patients and physicians while his legal experience helps him understand why patients may seek accountability after suffering harm.
