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Should Courts Force Doctors to Disclose Medical Malpractice Claims Made Against Them to Patients?

Medical Malpractice AttorneyWe all want to trust our physicians and health care providers. However, in a society where medical malpractice claims have become so prevalent, how can we? The Institute of Medicine’s (IOM) seminal study of preventable medical errors estimated as many as 98,000 people die every year at a cost of $29 billion as a result of medical errors.  The Centers for Disease Control further notes that preventable medical errors and hospital errors are the sixth leading cause of death in America.

In response to these alarming numbers and to doctors who continue to practice medicine and perform surgical procedures despite having a restricted medical license, Assemblywoman Aravella Simotas (D-Queens) has recognized the need to require physicians subject to proceedings for medical misconduct or actions for medical malpractice to give notice to patients of such proceedings and actions.

Under current laws, physicians practicing in the State of New York are under no duty or obligation to tell their patients about malpractice cases or misconduct proceedings.  Physicians are free to advertise their services, holding themselves out as members of the medical community in good standing, despite their history of malpractice or misconduct proceedings.  Passing such a law would enable us to have more trust in our doctors, knowing that they are obligated to disclose any negative information to their patients.

Moreover, such a duty on physicians may also avoid future medical malpractice lawsuits and injuries to all of us who trust these negligent doctors to provide us with medical services despite the restrictions on their medical license.  Case in point is the example of cosmetic surgeon Dr. Oleg Davie, who performed a liposuction procedure that lead to the death of heart-transplant patient Isel Pineda, despite the restrictions on his medical license to perform such surgical procedures. Had Pineda known about the medical malpractice lawsuits against Davie and the restriction on his medical license, perhaps she would have foregone this procedure and would still be alive today.

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If you or a loved one was injured as a result of medical error, you should immediately hire a New York medical malpractice attorney to help you get the maximum compensation you deserve.

The attorneys at Gersowitz, Libo & Korek, P.C. have the necessary experience and knowledge to aggressively fight for your rights and get you the compensation that you deserve for the injuries that you have suffered.

Call us at 800.529.9997 to schedule a complimentary consultation with one of our experienced New York City malpractice attorneys today.

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