What Can We Do About a Negligent Doctor?

Brenda F. Johnson, MSN

Respect For Doctors

I’m afraid there may be more questions than answers regarding reporting physician malpractice. Things are certainly better than they were when I first started my nursing career in 1992 in relation to physician behavior. I remember doctors frequently being inappropriate, especially in a sexual manner. Newer nurses have raised the bar with improved expectations, which has helped to change the physician/nurse dynamic. Programs have been developed that protect nurses and techs from being bullied. However, there remains the troubling issue of bringing concerns about physician practice to light.

I have the greatest respect for doctors. The training and long hard years of school that they spent sacrificing to learn. Their hard work doesn’t end with graduation, but begins. Healthcare is a fulfilling career, one that becomes a way of life. But just like in any other profession, there are some that don’t hold themselves to higher standards.

There are many stories available in several forms such as podcasts, that can spin the stories of patients who have suffered greatly at the hands of incompetent doctors. These stories are easier to bring to light because of the terrible tragedies that ensued, such as death or severe maiming. Most of the doctors in the latter stories are mentally ill and purposely hurt people or prescribe treatments that will kill them, not only costing their lives but money.

Concerns

My heart lies with the stories concerning patients that do not get a complete exam. For example, during a colonoscopy, a doctor is required to go to the cecum, the very end of the colon. They must go up to the ileocecal valve and go into it so they can examine the entire area. They should also attempt to go into the small bowel. This is not always possible, but it should be a priority if the patient is having diarrhea or any colitis symptoms. A larger percentage of cancer is found on the right side of the colon, which is why standards dictate that the cecal area be examined thoroughly.

Once the cecum is reached, the requirement is to examine the colon for six minutes on the way out. This is standard practice across the United States, it is the time needed to completely visualize the colon. When a person completes the wretched prep, pays a co-pay, and comes into the hospital or clinic to have a screening or diagnostic colonoscopy, they expect that the exam will be done properly. I have seen polyps left, masses that should have been taken out just minimally biopsied, and cecal times the same as the end times. That means, the doctor exited the colon within a minute or less of reaching the cecum. These are just a few examples, but they are some of the most worrisome.

I speak to colonoscopies because that is what I know, but this concern applies to any treatment, surgery, exam, or office visit. If all of the data is not looked at, or all of the anatomy isn’t examined, then it can lead to a disastrous future for the patient.

Reporting a Doctor

Reporting a physician is a difficult thing, both emotionally, and professionally. As I write this, my stomach feels sick. Questions roll around in my head about the “what if’s”. But if we don’t say something as the patient advocate, then who will? I have filled out incident reports each time that I’ve been a part of negligence or malpractice. Sometimes I am told that it’s my word against the doctors. When are doctors going to be held to the same standards as the rest of healthcare? They are not above lying, cheating, fraud, or malpractice.

There is an ethics hotline that is available to anonymously report something or someone at our facility, and there are the good old incident reports for reporting untoward events at my facility. But is that enough? How do we know that it goes beyond the risk manager, or the person reading the report or listening to the phone call? There is a way to report doctors through the State Medical Boards ( a simple Google search finds each state). These government agencies file complaints according to the potential for harm. The issues that are considered high priority are: sexual misconduct, practicing medicine while under the influence, and providing substandard care (Docinfo, n.d.).

The report is then studied and if they have the authority to look further into the complaint they then begin investigating. The doctor and parties involved are notified, expert witnesses give their opinion, and action is taken or not taken. It can go to a court trial and if the physician is found guilty, a public notice is given and disciplinary actions are taken. Reports aren’t taken very seriously on their own, it’s when there becomes a trend. I do understand that they need protection from false claims, but there must be a middle ground.

In part two of this article, I will look more in-depth at the reporting system and its effectiveness.

Have you ever reported a physician for malpractice? What was the outcome?

Reference

Reporting a Doctor for Unprofessional Conduct. (n.d.). Docinfo. Retrieved from https://www.docinfo.org/report-a-doctor/

What Can We Do About a Negligent Doctor?

Respect For Doctors

Concerns

Reporting a Doctor

About Brenda F. Johnson, MSN

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