Patients can sue health care practitioners if they feel they have been injured. However, successful medical malpractice lawsuits require proof of the following:
Concern about lawsuits sometimes puts pressure on physicians to act in ways that are not necessarily in the best interest of their patients. For example, physicians may order tests that are not clearly medically necessary to avoid even a remote possibility of missing something and thus leaving themselves open to a lawsuit. This approach exposes patients to risks (eg, ionizing radiation, need for invasive and/or uncomfortable tests to confirm false-positive results) and expenses that are not justified by the medical benefit. However, such an approach is not required by law, may not protect against lawsuits, and is generally considered excessive and inappropriate. Explaining to patients the reasons why a particular test or treatment is not recommended and engaging patients in shared decision making about their care usually satisfies patients more. The best defense against malpractice lawsuits is providing excellent health care and building close, trusting, collaborative relationships with patients.
Last full review/revision September 2012 by Charles Sabatino, JD
Content last modified November 2012