Florida medical malpractice lawyer, Guy S. DiMartino, DC, JD answers the question – will the doctor lose his license if a medical malpractice claim is filed?
The general answer to this question is no. A medical malpractice claim is civil in nature. The victim of medical malpractice is seeking to receive compensation for their injuries not seeking to have to doctor's license suspended or revoked. In Florida, the Board of Medicine is the regulatory body that deals with doctor's licenses and disciplinary matters.
Under the licensing scheme medical malpractice can subject a doctor to a state disciplinary action. Specifically, Florida Statute 458.331(1)(t) states:
(1)The following acts constitute grounds for denial of a license or disciplinary action: (t) committing repeated malpractice or committing gross malpractice.
Most healthcare providers will be not be subject to disciplinary actions unless they are frequent fliers or the care and treatment of the patient is so negligent that it would be considered gross malpractice. The medical board can investigate a doctor's actions independent of a malpractice action if the patient or their family files a Complaint with the Department of Health or if the incident happened in a hospital or surgical center and it is considered a reportable adverse incident.
If you have any questions about a potential Florida medical malpractice claim, you can call me directly on my cell at (352) 267-9168 or fill out the internet consultation form on the right.