Many patients with chronic illnesses have lived through years of doctors changing their minds about what was causing the patient’s symptoms and, therefore, how to manage the condition. For example, autoimmune diseases can cause symptoms, such as chronic fatigue or pain, which might be due to numerous causes, and the symptoms might persist for years before any lab tests show results that would indicate an autoimmune disease. Doctors might tell you to change your diet or simply stop worrying as your symptoms worsen and no one finds a cause.
Consider Gaetan Dugas, who became famous as “Patient Zero” of HIV. He was under doctors’ care for years before they determined what was causing his symptoms; when he first went to a doctor and received a diagnosis of Kaposi’s sarcoma, a cancer that causes skin lesions, no one knew that Kaposi’s sarcoma could be caused be immune deficiency, nor did the medical community draw a connection between immune deficiency and a contagious virus. When doctors issue a diagnosis that later turns out not to be correct, it is usually not a case of fraud.
If you are a physician being accused of fraud because you misdiagnosed a patient or patients, contact a Texas white collar crime lawyer.
Wrong Diagnosis: An Honest Mistake, Medical Malpractice, or Financial Crime?
A physician from Hidalgo County was convicted of healthcare fraud after he knowingly misdiagnosed numerous patients with rheumatoid arthritis and billed their health insurance providers for costly treatments. In addition to imposing a sentence of prison time followed by supervised release, the court ordered the defendant to forfeit millions of dollars in cash, as well as real estate properties and vehicles.
Prosecutors can only convict a defendant of healthcare fraud in a situation like this if they can prove that he knew that the diagnoses were incorrect. This type of healthcare fraud is rare, but wrong medical diagnoses are common. In some cases, they are no one’s fault. Even when doctors abide by the standard of care, it sometimes takes several tries to arrive at a correct diagnosis, simply because the same disease might affect different patients in different ways, and some illnesses do not have unique symptoms.
Medical malpractice is also common enough that physicians must carry medical malpractice risk management insurance to cover their legal fees if a patient accuses them of malpractice. Medical malpractice does not lead to criminal charges except in the most egregious cases; it is usually a civil matter, similar to a personal injury lawsuit. Plaintiffs in medical malpractice cases are trying to prove that the doctor deviated from the standard of care, and no one can know that except other physicians who practice in the same area of medicine. Therefore, statements by doctors with relevant clinical experience are always part of medical malpractice cases.
Contact the Law Office of Patrick J. McLain, PLLC, About Criminal Defense Cases
A Dallas criminal defense lawyer can help you fight your charges if you are facing allegations of healthcare fraud. Contact the Law Office of Patrick J. McLain, PLLC in Dallas, Texas to discuss your case.