Only qualified medical professionals should interface with patients. Otherwise, the medical practice may be held liable if something goes wrong, especially in the case of medical malpractice.
Below, we’ll discuss credentialing, how it factors into medical malpractice, and how you can prove negligence if your loved one dies due to improper credentialing.
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Exploring Credentialing
Credentialing is the process of establishing a medical professional’s qualifications. Insurance companies, hospitals, and other relevant parties will help review the doctor’s experience, training, and qualifications. They may request their school records, verify previous employment, run a background check, and more to verify they are qualified to perform their medical duties.
The employer should investigate discrepancies in the doctor’s background and ensure they do not have a criminal record. They should be aware of disciplinary actions against them and determine if they are severe enough to disqualify employment.
The credentialing process should be thorough to ensure that the doctor or medical professional is qualified to provide patient care. If they are not, the hospital could be held liable for any issues resulting from improper care.
Credentialing and Medical Malpractice
Medical malpractice occurs when a medical professional harms a patient directly or through their actions or inaction. They are not upholding the basic standard of care that all medical professionals should offer their patients.
Medical malpractice can include surgical errors, anesthesia errors, failure to diagnose, delayed diagnosis, birth trauma, medication errors, and more. Medical malpractice can also occur if an unqualified individual offers medical care to another, which results in a grave mistake. These issues can lead to serious injuries, new health issues, and even death.
These cases are not uncommon. Johns Hopkins estimates medical malpractice is the third leading cause of death in the United States, leading to more than 250,000 people losing their lives annually.
The prevalence of these cases varies by state. Recent reports show California has the most medical malpractice claims, while Vermont, Hawaii, Rhode Island, South Dakota, and Idaho have the fewest. When these cases go to court, Illinois is among the states with the highest payouts, including for medical malpractice deaths in Chicago. So, if your loved one died as a result of medical malpractice in Chicago, you may be able to pursue a wrongful death case. A wrongful death attorney in Chicago can help you understand your legal rights following medical malpractice. They can help investigate your case and help you recover damages to manage the loss of your loved one.
How to Prove Medical Malpractice Due to a Credentialing Error
You can work with your wrongful death attorney to prove medical malpractice due to a credentialing error. You will need to establish that negligence occurred. This can be done by demonstrating the following four elements.
Duty of Care
You must establish that the physician or other medical professional owed the patient a duty of care. If a doctor-patient relationship existed before the death, this is assumed. The relationship can be between doctors, nurses, physician assistants, or other medical professionals.
Breach of Care
Next, you have to prove that the medical professional breached that duty of care. They didn’t act as another reasonable medical professional would have under the same circumstances. They may not have offered the care necessary to prevent the wrongful death from occurring. This is especially true if they did not have the relevant medical training and credentials.
Causation
You and your attorney will need to prove that the breach of care caused the accidental death. The medication error led to an interaction with another medicine that caused the death. They would have known about the negative interaction if they were properly qualified. However, they lacked the adequate credentials to meet the standard of care.
Damages
Now that you’ve established the breach of care directly caused the death, you have to prove that you suffered damages as a result of it. This can be medical expenses before the death, funeral costs, burial costs, loss of income, pain and suffering, and more. You can even claim missing health benefits and other incidental costs as damages during a wrongful death suit.
If the medical professional lacked the proper qualifications to offer treatment, they can be found negligent. Additionally, if the hospital failed to run background checks and verify their credentials, they can also be held liable.
The victim’s family should be able to file a wrongful death suit due to negligence; however, consult with an attorney to understand your rights, including what types of damages you may be eligible to claim.
Conclusion
Proper credentialing is essential during the hiring process. It is how employers verify that prospective employees are qualified to perform their medical duties. Credentialing can also affect insurance coverage, ensuring that patients and practices are properly billed.
If the medical professionals do not possess the proper credentials, they may be found liable for medical malpractice and wrongful death suits. Their mistakes led to the death of their patients, and it is possible that the death would not have occurred if they had the proper training.
A medical malpractice and wrongful death attorney can help you understand your rights, allowing you to get justice and compensation for your loved one.
