Medical malpractice lawsuits are a consideration every doctor, nurse and hospital considers on a daily basis. While it is impossible to eliminate the potential for a medical malpractice claim to be brought against the doctor or hospital, many facilities and physicians are taking steps to reduce the impact these claims can have. Risk management teams are the department in hospitals assigned with reducing the risks associated with practicing medicine, including medical malpractice lawsuits.
Free Treatment = No Liability
Many risk officers are offering free treatments because it removes the potential for a medical malpractice lawsuit. Most states require a patient to have paid for treatment in order to be reimbursed for any damages. Free treatments, therefore, fall outside the realm of compensable treatment should the patient incur injury or damages from treatment.
This rule exists because under the law free treatments are considered charitable actions. Without there being an exchange of money, the doctor/patient relationship changes from a business relationship to a charitable one. Many courts are reluctant to impose liability for a charitable action because they consider both parties to have undertaken the endeavor without any expectations. Not having expectations means that there are no responsibilities owed by one party to the other, and therefore liability for injury cannot attach to the treatment.
Practice without Liability
Some risk officers view providing free treatments as an opportunity to permit physicians to practice treatments and procedures without worrying about liability. Essentially, they view the free treatment facilities as a type of classroom.
Lowering Insurance Costs
Some insurance companies will provide hospitals with discounted medical malpractice insurance rates because they offer free treatment. Since the hospital is foregoing income by providing free treatments, medical malpractice coverage does not need to be extremely high. A hospital that makes only a few million dollars each year, therefore, does not require billions of dollars in malpractice insurance. In this way, risk officers serve the public and provide health care to those in need, but cut the hospital’s overhead costs.
Government Reimbursement
Hospitals are legally prevented from denying treatment to a patient in immediate need of care but who does not have insurance. In this case, the hospital may proceed directly against the patient to recover the costs of his care or may request governmental reimbursement for treatment costs. Offering free care, then, is not truly free because the government will reimburse the hospital at a later date.
Getting Legal Help
If you have been injured from treatments received free from a hospital, seek legal assistance. An attorney will review the facts of your case and determine what, if any, cause of action you have against the treatment facility.
