315 E. Charles St.
Muncie, Indiana 47305
FAX: (765) 747-1991
A physician has a demanding but highly rewarding profession. Attention to detail in caring for patients is not only necessary but critical in this profession. Helping and healing another human being brings immense personal satisfaction to most physicians. The physician is one of the most respected members of our society. Most physicians never went into medicine for the money but nevertheless, physicians are well compensated compared with the rest of the working population in this country. Many people in our society believe their compensation is fairly earned and deserved. Probably as a "guesstimate," 95% or more of physicians are usually competent, caring professionals. But in this life no one is infallible.
Various reports concerning medical malpractice statistics claim that approximately 5% of physicians are responsible for approximately 50% of medical malpractice payouts. Do these doctors need to be re-educated or re-trained in some particular area of medicine? Do they need to be disciplined and monitored by state licensing boards? Probably the answer to both questions may be yes concerning many of these physicians that have had multiple medical malpractice payouts.
What about the other approximately 95% of physicians who are usually competent, caring physicians? Some of these physicians are responsible for some instances of preventable medical errors or medical malpractice/negligence. No physician on this planet is infallible. Somehow a preventable medical error or medical malpractice/negligence occurred and the patient did not receive the appropriate standard of care. What happened? There are various reason(s) for the preventable medical error or medical malpractice/negligence dependent upon each particular event. But no reason is excusable. Everyone, including physicians, needs to be responsible for the negligent adverse consequences of his or her action or inaction.
When we talk of medical malpractice/negligence or preventable medical errors (see In Simple Terms - What is Medical Malpractice/Negligence) we are not talking about "unavoidable risks" of medical or surgical procedures that may give rise to a "complication" during or following the procedure nor are we talking about an "unavoidable progression" of a disease or an "unavoidable complication" of a disease that is not controllable by man. This is an important distinction. Please don't blame physicians for so called "Acts of God." There are many things in medicine that are beyond their control. We all know that life is far from perfect. We do not usually know the exact reason or purpose for much of the suffering in this world. Many discussions that Dr. Edler has had with injured patients are from complications of a procedure or disease that are beyond the control of the physician. Patients usually are not physicians and cannot be expected in many cases to be able to distinguish between an unavoidable complication and medical malpractice/negligence or a preventable medical error.
Furthermore, just because a physician in this 95% usually competent, caring physician group is responsible for a preventable medical error or medical malpractice/negligence does not mean all of a sudden he is a "bad Doc" or a "bad person." We can almost always assume that the physician did not intentionally injure the patient. With preventable medical errors or medical malpractice/negligence, we are not talking about intentional injuries but negligent injuries. The physician should be responsible for the consequences of his alleged negligent adverse action or inaction. (See In Simple Terms - What Is Medical Malpractice/Negligence)
A preventable medical error or medical malpractice/negligence can result in a serious medical injury to the patient or even a wrongful death. If you stop and think about this, this negligent adverse medical injury is not that much different from someone (an allegedly decent person) negligently running a stoplight in his or her vehicle and crashing into another person in another vehicle that had the right of way resulting in serious injury or even wrongful death to the innocent driver and/or passengers of the other vehicle. It happens. Most people would not think twice about holding that person who negligently ran the stoplight in his vehicle accountable for the resultant injury (damage) to the innocent victim(s) in the other vehicle.
Did you know that physicians and medical societies usually do not hesitate to sue for damages when they believe that they have been negligently or wrongfully injured/damaged? (See the article[PDF])
Medical malpractice/negligence or preventable medical errors can have devastating adverse life changing consequences. Dr. Edler knows the difference between unavoidable risks and complications in medicine and medical malpractice/negligence. The former is excusable the latter is not. Dr. Edler does not file frivolous medical malpractice claims. He believes that he not only performs a valuable service for wrongfully injured patients but he is also a friend to physicians and the medical community by listening to and explaining to medically injured patients the difference between unavoidable risks and complications and medical malpractice/negligence as it pertains to their medical injury. In his career, Dr. Edler has seen and talked with more injured individuals that have had an unavoidable medical complication than individuals that have had a preventable medical error or medical malpractice/negligence. He has probably prevented a number of physicians from experiencing the stress of an unwarranted medical malpractice suit.
But injured patients should keep in mind the results of a 1990 Harvard medical practice study that estimated that eight (8) times as many patients are injured by medical malpractice as ever file a claim and sixteen (16) times as many suffer injuries as receive any compensation. (See Medical Malpractice / Negligence Statistics.) This means that patients that have had an unexpected or unexplained medical injury during medical care should have an "inquiring mindset." Ask the physician for an explanation for the unexpected or unexplained medical injury. If you are not satisfied with the explanation, you may want a second opinion from another independent physician and/or you may want to talk with Dr. Edler at The Cross Law Firm.