Depending on the circumstances, yes, losing a patient during surgery could possibly affect your medical license. As a Texas surgeon, you are committed to “do no harm,” but the inherent risks of surgery mean even the most skilled professionals can face complications.
Thanks to advances in medical science, many procedures are safer and more efficient than ever. Still, the possibility of adverse outcomes remains. If a patient’s condition worsens or they suffer a tragic loss during surgery, surgeons need to be prepared.
In such challenging situations, having a strong medical license defense on your side is imperative. A Texas medical defense lawyer can provide support and guidance to help you understand and work through the realities of your profession.
How to Protect Your Medical License During Surgical Procedures
Protecting your medical license is essential as a Texas physician, especially when performing surgical procedures. A Texas physician license defense lawyer can provide valuable guidance on the legal obligations involved in the practice of medicine.
When a physician determines that a patient may benefit from surgery, they must adhere to specific protocols, including obtaining the patient’s informed consent.
According to the Texas Health and Human Services Commission (HHS), informed consent is the permission a patient gives to perform a medical treatment or surgical procedure after being fully informed of the risks and hazards.
The Role of the Texas Medical Disclosure Panel
The Texas Medical Disclosure Panel, which includes surgical professionals, attorneys, and experts, sets the rules for surgical disclosure. They determine what information a patient must receive to provide informed consent.
Failure to comply with the informed consent statute can lead to significant consequences for medical professionals.
How Failing to Follow Informed Consent Guidelines Can Impact Your Medical License
If a patient suffered harm due to a surgical procedure and you, as their physician, failed to adequately inform the patient of the risks, you could face the disciplinary process. This may include the revocation of your medical license if you are found negligent in your duty to disclose the necessary risks.
This underscores the importance of adhering to the guidelines set by the Texas Medical Disclosure Panel, which is important for maintaining the trust and integrity of the practice of medicine. A Texas medical license defense lawyer or a physician license defense lawyer can be imperative in defending against such claims.
What Happens to My Medical License when a Patient Dies During Surgery?
Surgical procedures inherently carry risks, including the possibility of injury or death. When such tragic events occur, determining whether a surgeon is responsible depends on the cause of the patient’s death. It’s important to assess whether the death resulted from the procedure‘s inherent risks or if it was due to surgeon error.
If the death was due to the inherent risks of the surgery, the surgeon is generally not held accountable, and their medical license remains secure. However, if the death was caused by negligence or an error on the part of the surgeon, the situation becomes more serious, potentially leading to allegations of professional misconduct.
In these cases, consulting a medical license defense attorney is essential to protecting the surgeon’s professional standing and addressing any legal challenges, including those that may arise during an administrative hearing.
What if I was Accused of Negligence in My Medical Duties?
Negligence in medical practice can have serious consequences for any healthcare provider, including criminal charges and allegations of unprofessional conduct.
Liability is assessed based on the specifics of each case, with intentional acts—such as performing surgery under the influence—often leading to the most severe penalties, including the loss of your medical license.
Even unintentional negligence can result in significant repercussions. Violating §190.08 of the Texas Administrative Code, which governs the Texas Medical Practice Act, can trigger investigations by the licensing board. Forms of negligence under the code include:
- Failure to adhere to the generally accepted standard of care for treatment
- Failure to use proper diligence in medical practice
- Failure to safeguard against potential complications
- Failure to disclose reasonably foreseeable side effects of a procedure or treatment
- Failure to disclose reasonable alternative treatments to a proposed procedure or treatment
- Failure to obtain a patient’s informed consent regarding medical tests, treatment, procedures, or autopsies
Violations may lead to disciplinary action by the Texas Medical Board, potentially resulting in the suspension or revocation of your medical license.
Consulting a professional license defense attorney is critical to help address these issues and protect your career.
Surgical Errors Leading to Patient Death and the Threat to Your Medical License
As you know, surgery is a delicate process where even small mistakes can have serious consequences. Errors can arise from a wide range of issues, including:
- Poor communication among the surgical team
- Surgeon fatigue or substance abuse
- Lack of preparation for potential complications
- Taking shortcuts during the procedure
- Neglect in proper surgical preparation
These errors can lead to severe outcomes, including patient death, and may result in license suspension, particularly in cases involving sexual misconduct or substance abuse.
Essential Steps for Protecting Your Medical License When Facing Patient Death
Here are the steps a doctor or surgeon in Texas should take to protect their medical license if a patient dies after surgery:
Step 1: Register with the Electronic Death Registration (EDR) System
- Ensure compliance with Texas regulations by registering with the Texas Department of State Health Services (DSHS) Electronic Death Registration (EDR) system in advance. This is a mandatory step for signing death certificates electronically and is required under Texas Health and Safety Code §193.005.
- Verify your registration status and make sure you have an active account with the EDR system. If not already registered, complete the registration process immediately.
Step 2: Complete the Death Certificate Promptly
- Electronically sign the death certificate within five days of the death through the EDR system to comply with Texas Health and Safety Code §193.005.
- Avoid using paper death certificates unless absolutely necessary. Using a paper death certificate when not registered with the EDR system is a violation of state law and could trigger a disciplinary proceeding by the Texas Medical Board.
Step 3: Document All Events and Medical Actions Thoroughly
- Maintain detailed medical records of the patient’s treatment, the surgical procedure, and any post-operative care. Ensure that all actions taken before, during, and after the surgery are well-documented.
- Include a timeline of events leading up to the patient’s death, noting any complications, responses, and measures taken to address those complications.
Step 4: Notify Relevant Parties and Authorities
- Report the death to the appropriate internal hospital or clinic authorities immediately, following the institution’s protocol.
- Communicate clearly with the patient‘s family, explaining the circumstances surrounding the death, the cause (if known), and the steps taken during treatment. Being transparent can help mitigate potential complaints or legal actions.
Step 5: Consult with a Medical Board Attorney
- Seek legal counsel immediately from an attorney experienced in medical board matters. This step is crucial in understanding the implications of the patient’s death on your license and in preparing for any potential investigation or disciplinary action by the Texas Medical Board.
- Follow the attorney’s advice to ensure compliance with all legal obligations and to prepare for possible inquiries or hearings.
Step 6: Cooperate with Any Investigations
- Respond promptly to any inquiries from the Texas Medical Board or other regulatory bodies.
- Provide all requested documentation and information in a timely manner. Cooperating fully with investigations can demonstrate professionalism and transparency, which may positively influence the outcome.
Step 7: Maintain Ongoing Compliance with State Regulations
- Review and stay updated on all relevant state laws and regulations, especially those related to patient death, death certification, and reporting requirements.
- Participate in continuing education and training on legal compliance and best practices to minimize future risks to your medical license.
Step 8: Implement Risk Management Strategies
- Review the case with a peer review or risk management committee within your medical institution to identify any areas of concern or improvement.
- Adopt proactive measures to prevent similar incidents, such as enhancing protocols, improving documentation practices, and participating in professional development related to patient safety.
By following these steps, physicians and surgeons can better protect their medical licenses, maintain their professional standing, and reduce the risk of disciplinary action following a patient’s death.
Contact Us Immediately if Your Medical License is at Risk after a Patient’s Death During Surgery
The loss of a patient during a medical procedure is a devastating experience for any physician. When this happens, it’s important to seek the right support to protect your professional future. A skilled medical license defense attorney can help you work through the challenges that follow such an event.
At Bertolino LLP, our experienced attorneys understand the complex nature of defending medical professionals in these situations. As a trusted Texas medical license defense lawyer, we are here to help you every step of the way.
If you’re facing allegations or disciplinary action, don’t wait—contact Bertolino LLP today. We’re committed to providing the strong defense and legal strategies you need to safeguard your medical license.
