Anyone Can Sue for any reason, but will they win? 

Could it damage the referrer’s reputation?

Will your insurance rates skyrocked if this happens?

Patients may sue both the specialist and the referring physician for medical malpractice. Allegations against the referring physician can include:

• Negligent referral: Claiming the physician should have known the specialist couldn’t provide the necessary standard of care. Ask your lawyer if an unlicensed doctor would fall under this catagory.
• Lack of follow-up: Asserting the physician failed to check if the patient visited the specialist or to review the specialist’s findings. Ask your lawyer how much follow up is required to limit your liability.
• Inadequate communication: Alleging the physician didn’t explain the condition’s severity, the need for a specialist, or the consequences of not consulting one. Ask your lawyer what is required.

Consider these points when consulting your lawyer:

• Does receiving referral payments from an unlicensed doctor or charitable donations linked to them significantly increase liability?
• What happens if you or a low-level employee receives a warning (via email or letter) about issues with a licensed or unlicensed doctor? Does this add to liability?
• Should you provide written notice to patients that a referred party may use deceptive practices to appear licensed when they are not?
• Is there liability if you don’t perform a thorough background check on the person or entity you refer to?
• Does liability increase if the referred entity has allegedly recorded a patient or advocate without consent, as required by law?
• What are the implications if the referred entity lacks sufficient malpractice insurance?
• Does referring to someone with credible allegations of releasing client information for personal benefit increase liability?
• Could liability rise if the referred party manipulates ratings, such as employees posting fake patient reviews?

Doctors already face significant legal risks. Referring patients to unlicensed or quasi-medical offices could add unnecessary exposure. Reputation and marketing can be deceiving—remember Michigan’s Farid Fata, who had stellar reviews and a respected reputation but received a 45-year sentence for malpractice.

Should you avoid referring patients altogether? That’s a decision for you and your lawyer. Carefully weigh the risks of potential lawsuits, financial losses, and damage to your reputation before making a referral.

Such lawsuits are complex, and consulting a lawyer experienced in medical malpractice is advisable.

The person writing this article is not a lawyer and this should not be taken as legal advice. This was written to encourage charities and doctors meet with their lawyers to make sure they aren’t putting themselves at liability. We strongly recomend a lawyer consultation before referring a patient to any unlicensed doctor. There are real consequences of theses actions.  

Some information cited from:

https://www.healthcarelawfirm.net 

More information about unlicensed doctors

Please always talk to a licensed medical doctor before making any medical decisions. We recommend avoiding unlicensed Michigan doctor such as “Dr. Sheba Roy” of Associates of Integrative Medicine, aka AIM Natural in Michigan.