Is Unnecessary Treatment by Dr. Mona Ghosh Considered Medical Malpractice?

 Posted on April 13, 2023 in Birth Injury

Patients who receive care from doctors or other medical providers expect to be treated with dignity and respect. They believe that doctors will evaluate them based on thorough examinations and a consideration of their medical history, diagnose conditions based on their medical education and the knowledge they have gained from treating other patients, and recommend and provide treatments that will address a patient's conditions and improve their overall health. While most providers meet these expectations and provide quality care to patients, there are some situations where doctors may not provide the proper care, or they may even take actions meant to benefit themselves rather than protect the health and well-being of the people they treat.

A number of patients in the Chicago area may have been affected by this type of behavior. Dr. Mona Ghosh, who operated Progressive Women's Healthcare, S.C. in Hoffman Estates, has been accused of committing healthcare fraud by billing insurance providers for services that were not actually provided, as well as performing certain types of unnecessary procedures and tests, including endometrial ablations and endometrial biopsies. Patients who have received services from Dr. Ghosh may be concerned about how they may have been affected, and they will need to understand whether they can pursue medical malpractice claims.

Understanding Medical Malpractice Laws

Medical malpractice generally consists of four elements:

1. A situation in which a doctor or medical provider had a legal duty to provide treatment for a patient, which is known as the "duty of care."

2. A breach of the duty of care by a provider.

3. Harm caused to the patient as a direct result of the breach of the duty of care.

4. Damages experienced by the patient due to the injuries they suffered.

In the case of Dr. Ghosh, the first element will exist for any patients who received treatment. The second element may include any actions that violated the accepted standards for medical care provided by doctors to patients. That is, if the treatment provided to patients deviated from what a reasonably competent doctor would do in the same situation, it is likely to be considered a breach of the duty of care. In situations where patients received invasive treatments such as endometrial ablations without a valid medical reason, this may be considered a violation of the standard of care.

The third and fourth elements address the injuries that patients suffered due to improper medical treatment. Patients who experienced issues such as heavy bleeding, abdominal cramps, infections, or other negative effects of treatment will most likely satisfy the third element. The damages resulting from these injuries, which satisfy the fourth element, may include expenses for additional medical treatment needed to address the effects of improper treatment, other types of monetary losses that may have occurred while they were recovering, and physical pain and emotional trauma resulting from receiving improper medical care.

If all four of the elements of medical malpractice have been satisfied, a person may have a case against Dr. Ghosh. By pursuing a medical malpractice claim or lawsuit, a patient who suffered harm because of unnecessary treatment may be able to recover financial compensation that will address the ways they have been affected.

Contact Our Chicago Medical Malpractice Lawyers

If you believe that you were injured due to improper care by Dr. Ghosh or other providers, the Illinois medical malpractice attorneys at Birth Injury Law Alliance, Ltd. can assess your situation and provide guidance on how best to proceed with filing a claim. We understand the importance of protecting patients’ rights, and we will work diligently to ensure that those who have been harmed by substandard medical treatment can be fully compensated for their injuries. Contact us today at 312-462-4200 to set up a free consultation and learn more about how we can assist you with filing a successful medical malpractice case against Dr. Ghosh.

Sources:

https://www.justice.gov/usao-ndil/pr/physician-indicted-thirteen-counts-healthcare-fraud

https://wgntv.com/news/northwest-suburbs/suburban-doctor-indicted-on-health-care-fraud-scheme/

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2628513/