As a doctor, you’ve promised to do no harm. You
care about the welfare of others every day. You’ve trained hard and you work
hard. Yet someone could bring a medical malpractice suit against you, no matter
how skilled you are.
We’re all human. No matter how hard you try, you
can still make a mistake like anyone else. Many malpractice suits are based on
an injury that was unintentional and might even be outside of a doctor’s
ability to control.
It’s good if a team like Legally
Mine reviews your assets and creates a plan to
protect them. Of course, you care about patients and may want to help if
they’ve been hurt at your practice. However, your personal assets often won’t
be enough to cover a malpractice claim.
It’s important to make your personal assets
invisible to potential plaintiffs—as much as possible. No one should take more
than they deserve, and you shouldn’t become impoverished while you make things
right.
Major Causes of Malpractice Claims
There are two major categories of causes behind
malpractice claims: substandard care and failure to obtain informed consent.
Substandard Care
A malpractice suit must provide proof that a
physician caused injury through substandard
care, which can include mistakes or negligence in:
- Treatment (or the failure to treat)
- Diagnoses
- Medical decisions
- Dosage of medicine
- Aftercare
A malpractice suit generally can’t begin if a
patient is simply dissatisfied with treatment. Even if a doctor provided
substandard care, the plaintiff must have suffered an injury that led to
considerable damage. Without that, a suit won’t get off the ground.
Lack of Informed Consent
What happens if you don’t get informed consent
from a patient before a procedure? Even if you perform the procedure perfectly,
a patient could bring a malpractice suit against you if the outcome of the
procedure is unfavorable.
As you know, some treatments have a high
probability of helping a patient and a small chance that something could go
wrong. There’s risk involved, but some patients are willing to take it.
However, without informed consent, you could be left responsible for any
negative result.
Protecting Your Assets with Legally Mine
An ineffective way to try to prevent malpractice
suits is this: requiring patients to sign a document stating they won’t sue.
They don’t work because courts often don’t honor these agreements, because
patients sign them without understanding their complex legal language. Plus,
patients can feel insulted by them or suspicious.
Instead, you need to implement a legal asset
protection plan, which minimizes the visibility of your assets. If plaintiffs
and their attorneys don’t see that you own many personal assets, they won’t
have the motivation to pursue a suit against you. They’ll have to go to your
medical malpractice insurance instead.
There are complex rules and considerations
involved in asset protection for doctors. For example, out of all the corporate
entities you might use, only some will be right for you, and they can be set up
correctly or incorrectly. Also, each state has different laws that apply to
asset protection.
You might have heard that asset protection involves hiding money in another country and paying unreasonably large fees to do so. Fortunately, there are strategies available that are perfectly legal, ethical, and inexpensive. If a professional firm like Legally Mine reviews the best strategies with you, you can get a personalized asset protection plan that you can feel good about implementing.
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