wollertz/Adobe Stock Why Recent Medical Malpractice Decisions Make You Less Safe
Medication errors, while preventable, aren't necessarily criminal. Where people are going to be charged for ordinary negligence, the undesired and undesirable end result will be doctors and nurses unwilling to admit their medical mistakes with the looming prospect of criminal prosecution and jail time, says Aron Solomon, chief legal analyst for Esquire Digital and the editor of Today's Esquire.
April 27, 2022 at 09:50 AM
6 minute read
In March, the Supreme Court heard a case about whether doctors should be held liable for prescribing opioids in good faith. Ruan v. United States is about where sound medical judgment ends and criminal liability begins. In a nation with an opioid crisis and doctors running what are known as "pill mills," doctors in Alabama were convicted of a crime based on a ruling that did not allow them to claim a defense of "good‐faith" if they were prescribing opioids under the belief that it was medically the right thing to do.
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