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I think my doctor ordered unnecessary treatments. Why does this happen?
Malpractice lawsuit avoidance is not always a complicated issue for doctors. However, one of the primary methods doctors employ to avoid medical malpractice lawsuits may also now be a reason to actually file a malpractice lawsuit, especially when a doctor orders unnecessary tests that result in physical harm.
There are several reasons that doctors practice ordering a significant number of medical tests. Some of those decisions to order testing are reasonable and effective methods of diagnosing illnesses. Some, however, are not reasonable and are absolutely not needed. Not only can they harm the patient, but the time and expense of meeting medical appointments that could be eliminated can also be an issue because deteriorating health is an equal opportunity attacker.
The status of the patient is not a concern for the disease, and doctors understand this well. Many times, the reason for ordering extensive tests depends on the objective of medical treatment or diagnosis, especially when the patient may be determined disabled or already be disabled.
Disability Claim Documentation
Doctors regularly file depositions concerning the health of their patients when the patient is also filing for disability or filing an insurance claim. The Social Security Administration and insurance companies alike will request second and even third opinions in some cases. Social Security disability always requires thorough and extensive information when determining disability assignments because they only address total disability claims.
Insurance companies are often looking for a medical reason to reduce a claim that they know must be honored, and doctors take this into account as well. The stated purpose of this insurance company practice is to make sure that the doctor has issued an accurate diagnosis, but medical malpractice attorneys also know that this can be a bad faith bargaining tool to lessen or force the claimant to accept a reduced coverage amount because of a "partial disability" approval by the company. For the doctor in a disability claim, the more information they can use to validate a diagnosis, the safer they are in terms of malpractice liability.
Many times, a doctor will run tests on a patient only to arrive at an inconclusive diagnosis. Medicine is not always an exact science. Each test a doctor can order will contain some form of information that can assist the doctor in making an accurate diagnosis. Misdiagnosis is one of the most common medical malpractice claims, which physicians also understand very well. Defending a diagnosis is probably the most common defense a doctor and their legal team must provide, and insurance company legal input can also assist them in this.
Insurance companies can refuse to pay a claim based on the medical issue class in many cases, such as filing an insurance claim in a cancer or heart disease case. Many people have insurance specifically for certain medical situations, and medical professionals often find themselves providing medical information for several entities associated with a patient diagnosis. Problematic pinpointing of an illness or injury can easily prompt a physician to order multiple tests in an effort to find the true underlying medical condition.
It is very common for physicians to own the equipment in their offices or at the clinics where they work. In either case, they have a vested interest in using the equipment for any billing purpose that they can actually justify. Sometimes, this justification is not exactly acceptable to entities who are required to provide medical expense coverage or make a disability determination.
A patient's medical coverage can be too good for their own good. These are cases that very often result in medical malpractice lawsuits, especially when the extensive testing or treatment regimen has caused physical harm to the patient. Many solid medical malpractice attorneys know that this occurs much too often and there is a legal recourse when damage is done.
Medical Malpractice Avoidance
Doctors have significant respect in the legal system when they are facing medical malpractice claims. The legal professionals and the medical professionals are both considered experts in their craft within the view of the court, and if a doctor orders a test or treatment using a reasonable lack information as justification to arrive at an accurate diagnosis, then the court will often side with the physician. The key word here is "reasonable", as the doctor is required by law to execute a reasonable duty of care for the condition of their patients when treating any illness.
The truth about a medical malpractice claim is that it is practically impossible to win a claim without a tried and true medical malpractice attorney who understands how to build a winning case. The same statement can be made for filing disability cases and, many times, the two cases can go hand in hand. That is why having a solid disability and medical malpractice attorney is so important when doctors are ordering potentially excessive testing and treatment.