Medical malpractice lawsuits against healthcare professionals occur when they fail to meet recognized standards of care, potentially endangering patients. The accepted standard is the level of care that a qualified healthcare professional with similar training and experience would provide under similar circumstances.
These cases can lead to serious financial, legal, and reputational consequences for medical practitioners. It’s important for healthcare providers to understand the main factors that contribute to malpractice claims so they can reduce risks and improve patient safety.
Medical malpractice is the third most common cause of death in the United States.
By following evolving standards and prioritizing patient-centered communication, healthcare providers can uphold their profession and serve their communities.
Factor 1: Diagnostic Errors (Misdiagnosis or Delayed Diagnosis)
Diagnostic errors are a leading cause of medical malpractice claims. Missed or delayed diagnoses can result in improper treatments that worsen a patient’s condition. Commonly misdiagnosed conditions include cancer, heart attacks, strokes, infections, and autoimmune diseases.
There are several factors that contribute to these diagnostic errors:
- Failure to order appropriate tests: Sometimes, doctors might skip essential tests or misinterpret the results.
- Communication breakdowns: Poor communication among doctors, specialists, and lab technicians can hinder the correct diagnosis.
- Cognitive biases: Healthcare providers might let personal biases cloud their judgment, causing them to overlook rare but serious conditions.
- Time constraints: With heavy workloads and not enough consultation time, doctors sometimes don’t get to fully assess their patients.
Case Example:
For instance, a patient exhibiting early stroke symptoms was misdiagnosed with vertigo. Treatment was delayed as a result of this incorrect diagnosis, which left the patient permanently disabled. The provider’s inability to identify the critical symptoms ultimately resulted in a multi-million dollar settlement.
Factor 2: Surgical and Anesthesia Errors
Serious surgical errors can result in life-threatening complications and legal consequences. Significant complications can arise from mistakes such as performing surgery on the incorrect site, leaving instruments inside a patient, or performing unnecessary procedures.
Types of surgical errors:
- Wrong-site or wrong-patient surgery: A lapse in preoperative verification, such as mislabeled charts or rushed communication, can result in surgery on the wrong body part or patient.
- Nerve or organ damage: Sometimes surgeries can accidentally harm nerves or organs, resulting in lasting disabilities.
- Inadequate sterilization: If equipment isn’t properly sterilized, it could result in serious infections.
In 2022, wrong-site surgeries made up 6% of the 1,441 sentinel events analyzed by The Joint Commission.
Anesthesia mistakes can lead to serious issues too, including brain damage or even death. These mistakes might include:
- Giving incorrect dosages.
- Not closely monitoring the patient’s vital signs.
- Failing to recognize pre-existing medical conditions or possible allergic reactions.
Statistic:
According to a Johns Hopkins study, surgical errors lead to over 4,000 preventable incidents annually in the United States, often resulting in legal claims.
Factor 3: Medication and Prescription Mistakes
Medication errors can happen in various ways, such as prescribing the wrong medication, giving incorrect dosages, or not recognizing hazardous drug interactions.
These errors may arise from:
- Miscommunication between doctors and pharmacists.
- Incorrect documentation of a patient’s medical history.
- Not checking for drug allergies or contraindications.
- Confusion between similarly named medications can result in prescription errors.
These mistakes can cause severe allergic reactions, organ failure, or fatal overdoses. Medication errors are a common cause of malpractice claims.
Key Term:
Adverse Drug Events (ADEs) – Injuries related to medications due to prescription errors or interactions between drugs.
Solutions like barcode scanning systems and patient education apps (e.g., Medisafe) help reduce these risks by verifying medications at every step.
Factor 4: Childbirth and Obstetric Injuries
Severe birth injuries, such as cerebral palsy, nerve damage, and complications for the mother, can result from negligence during pregnancy, labor, or delivery.
Nationally reported birth injury cases resulted in two settlements and six verdicts. These cases involved common birth-related errors, such as excessive force with forceps and delayed C-sections, but led to particularly severe injuries.
Typical obstetric malpractice claims include:
- Failure to monitor fetal distress: This involves overlooking abnormal heart rates or distress signals that could indicate trouble.
- Improper use of delivery tools: Inappropriate use of forceps or a vacuum extractor can cause nerve damage and skull fractures.
- Delayed C-sections: If an emergency cesarean is performed too slowly, it may result in stillbirth, brain damage, or oxygen deprivation.
- Negligence in prenatal care: Failure to diagnose conditions such as infections, preeclampsia, or gestational diabetes may result in a decline in fetal development.
Two common types of childbirth injuries leading to malpractice claims:
Cerebral Palsy
Cerebral palsy is a neurological condition caused by birth-related brain damage, often due to oxygen deprivation. This can happen because of delayed C-sections, improper delivery tool use, or failure to monitor fetal distress.
Erb’s Palsy
Erb’s palsy is a nerve injury affecting arm movement, often caused by excessive pulling or stretching during delivery. Shoulder dystocia, a condition where the baby’s shoulders become stuck in the birth canal, is a common cause of Erb’s palsy.
Example:
In one well-known case, a newborn suffered severe brain damage as a result of an emergency C-section not being performed, leading to a $20 million malpractice lawsuit.
Factor 5: Poor Communication and Insufficient Informed Consent
Patients have the right to be fully informed about the risks, benefits, and available options of any medical procedure before providing consent. Legal issues can frequently arise when medical professionals fail to disclose this important information or when patients undergo procedures without the required authorization.
Key communication failures leading to malpractice claims:
- Not discussing potential complications or side effects.
- Failing to obtain written consent for procedures.
- Providing unclear or misleading information about treatments.
- Language barriers can prevent patients from fully understanding their treatment options.
Telehealth introduces new challenges. Rushed virtual consultations may omit critical discussions, while language barriers can leave non-English-speaking patients unaware of their alternatives. Leading hospitals now use “teach-back” methods, where patients repeat instructions in their own words, and offer consent forms in multiple languages.
Factor 6: Negligent Follow-Up and Continuity of Care
Complications may arise from improper post-treatment care or failure to monitor a patient’s recovery. This includes:
- failing to schedule required follow-up appointments.
- Neglecting to inform patients of test results, or ignoring worsening symptoms that require urgent care..
Improper follow-up care can lead to delayed treatment, deteriorating health, and preventable hospital readmissions.
Solutions include implementing tracking software for pending tests and standardizing handoff protocols during shift changes.
Factor 7: Emerging Trends Amplifying Malpractice Risks
As technology develops further, the field of medical malpractice is facing new difficulties.
These include:
- Telemedicine Risks: Telemedicine comes with certain risks, one of which is that doctors can’t conduct thorough physical exams during online consultations. This might lead to misdiagnoses now and then, since they depend heavily on what patients report.
- Electronic Health Record (EHR) Errors: Incomplete records, system malfunctions, or data entry mistakes—can compromise treatment decisions and patient safety.
- Artificial Intelligence (AI) Misjudgments: AI diagnostic tools may yield inaccurate results due to flawed algorithms, inherent biases, or misinterpretation by healthcare providers.
- Cybersecurity Threats: Data breaches that expose sensitive health information can open the door to legal troubles for healthcare providers, particularly if they’ve violated laws meant to protect patient privacy.
Factor 8: Medical Device Errors and Defects
When medical devices like pacemakers, prosthetic implants, or surgical tools don’t work properly or are defective, it can seriously harm patients. Healthcare professionals may be liable if they knowingly use defective equipment. Similarly, manufacturers might be held legally accountable if their products cause harm due to inadequate quality control or design issues.
Common issues with medical devices include:
Device Malfunctions: Manufacturing defects or improper maintenance can cause devices like ventilators, insulin pumps, and pacemakers to fail.
Improper Usage by Providers: Inadequate training can occasionally cause healthcare workers to use specific devices incorrectly, which can result in mistakes.
Manufacturer vs. Provider Liability: While healthcare providers may face liability for misuse or maintenance errors, manufacturers are responsible for design defects.
Example:
A defective hip implant led to thousands of lawsuits after patients experienced severe pain and required additional surgeries. The manufacturer faced billion-dollar settlements due to these design shortcomings.
High-profile cases of malfunctioning medical devices have led to lawsuits and regulatory changes. In order to help avoid malpractice claims in this industry, it is crucial to guarantee thorough testing and ongoing monitoring of medical equipment.
Medical malpractice lawsuits compel healthcare organizations to improve communication, surgical procedures, and diagnostics. By adopting proactive risk management strategies—like updating their policies, educating staff, and maintaining detailed records—these institutions can effectively minimize their legal risks.
Regular safety assessments are essential, particularly as technology evolves rapidly. Consulting legal experts from the start can help identify any weaknesses. Also, maintaining an open and honest relationship with patients and cultivating a culture of accountability can reduce the chances of disputes. This approach fosters trust while improving the quality of care.
