10 Most Common Medical Malpractice Claims and How to File One
This blog will provide a comprehensive overview of how to file a medical malpractice claim, including the steps involved, the evidence required, and the potential outcomes.
What Constitutes Medical Negligence?
When you go to the doctor, you’re trusting them with your medical care; but sometimes, doctors commit medical negligence by not providing proper care. That care, which is required by law, must be taken seriously. Now, you might wonder, “What is medical negligence?” Medical negligence occurs when a hospital or doctor injures a patient through a negligent act. Typically, negligence results in errors in diagnosis, treatment, aftercare, and health management. That negligence causes harm to the patient and affects their quality of life until the results of the neglect have been resolved, if not longer. This blog is all about what constitutes medical negligence and the specific elements required to prove it. Continue reading to learn more about the characteristics of medical malpractice. The 4 D’s of Medical Negligence Every medical malpractice case must meet four requirements if the victim plans on receiving compensation. These requirements are known as the four D’s of medical negligence. They include duty, deviation from duty, damages, and direct cause. 1. Duty Duty refers to a healthcare provider’s duty of care. A patient must demonstrate that they have an established relationship with their healthcare provider; this proves the healthcare provider owed them a duty of care. A duty of care is a legal obligation imposed on an individual that requires adherence to a standard of reasonable care. In the medical industry, a professional must follow protocols and exercise compassion when caring for a patient. Conversely, if a specialist feels they lack the credentials to care for a patient properly, it’s their responsibility to refer them to another medical professional. Proving a duty of care is as easy as providing copies of your medical records containing your physician’s or healthcare provider’s information. Establishing responsibility is the first and easiest step to proving medical negligence. The next three steps become harder to prove. Let’s take a look. 2. Deviation Physicians and healthcare providers who deviate from an accepted industry standard can be held liable for medical malpractice. The patient must demonstrate the physician or healthcare provider didn’t follow medical standards, including those specific to their profession. In other words, the doctor didn’t take good enough care of the patient. Some examples of deviation from the standard of care include: Misdiagnosing a patient. Diagnosing a patient too late. Giving the wrong medicine. Prescribing a medication that has a dangerous interaction. Prescribing an incorrect dose. Using medication for external use. Doing unnecessary procedures. Committing a surgical error. Any of these errors are severe enough to cause harm to a patient and qualify as a deviation of care. 3. Damages The patient must also prove, using a preponderance of the evidence, that the physician’s deviation from the standard of care resulted in damages. Said damages can be physical, mental, emotional, and financial. For example, say a doctor leaves a surgical tool inside their patient. That qualifies for every type of damage. A surgical instrument would cause physical health issues requiring further medical treatment, ultimately costing the patient more money and causing mental and emotional distress. Of course, you’ll need proof. Evidence of damages includes: Medical records. Prescription records. Statements from other physicians in the industry. Cost of corrective treatment the patient endured. Additionally, the evidence must show that the breach of duty caused the injury and included physical and financial damages. 4. Direct Cause Finally, a patient must prove the deviation by the healthcare provider was the direct cause of their injuries. For instance, a patient’s broken arm doesn’t heal correctly because the orthopedist didn’t apply the cast according to industry standards. In this situation, the patient can hold their healthcare provider accountable for their injuries. On the other hand, if a patient with a fractured arm was playing football and they slipped and fractured it further, then the physician isn’t liable. Instead, the patient is responsible for not following the treatment protocol for their arm. The Bolam Test A legal benchmark, the Bolam Test, refers to the case Bolam v Friern Hospital Management Committee, in which a patient received electroconvulsive therapy (ECT) to help with depression. The patient was unaware that muscle relaxants and restraints could be part of ECT. He did not receive any muscle relaxants, nor was he restrained outside of the nursing staff who were there to keep him on the bed. Bolam had violent muscle spasms that caused fractured hips. Bolam sued his medical provider for not telling him about the muscle relaxant, stating that he wouldn’t have been injured if it had been administered to him. Additionally, he would never have received the treatment if he had been aware of the risks. Bolam lost the case in court due to the defense’s argument that the medical provider wouldn’t have explained those risks unless Bolam specifically asked about them. The doctor wasn’t guilty of medical negligence because his actions were reasonably competent. The Bolam Test forces claimants to prove the provider’s lack of responsibility. Subsequent case law states that a defense, arguing against a claimant, must prove that the actions were logical and reasonable for a doctor to provide, not just that it’s a common treatment for a doctor to provide. So, to prove medical negligence, you must prove that the doctor’s lack of care caused your injuries and that, should they have provided a competent level of care, you wouldn’t have been injured. Need an Attorney? Flickinger Boulton Gooch & Robson Can Help. If you’re a victim of medical malpractice, you should work with a personal injury attorney who can help you receive the compensation you deserve. One of the experienced attorneys at Flickinger Boulton Gooch & Robson can hold your negligent physician accountable in court while you focus on healing. Schedule your free case evaluation today to see how Flickinger Boulton Gooch & Robson can help you. We have offices in Provo and West Jordan and a team of attorneys ready to fight for you. Call us at 801.500.4000 or visit our website to schedule your free consultation.
What Percentage of Medical Malpractice Cases Settle?
We hear about malpractice cases all the time, but what percentage of those cases settle? It’s a great question, especially if you’re looking at a malpractice lawsuit for the first time.
Medical Malpractice: Misdiagnosis and Delayed Diagnosis
Most medical malpractice cases involve misdiagnosis or delayed diagnosis, but there are a lot of factors that determine if you have a legal case. Diagnostic errors are common in the medical field, and therefore, medical professionals cannot always be held legally liable. For the case to be medical malpractice, there must be proven negligence, and those negligent acts must lead directly to the patient’s harm. You also need to demonstrate a patient-doctor relationship—this part isn’t usually difficult. But proving there has been negligence can prove challenging. Suppose a doctor or other medical professional contributed to a patient’s harm or injury due to their negligent actions. In that case, they could be vulnerable to a medical malpractice lawsuit if their efforts lead to the patient suffering further and even death. If death results from misdiagnosis, delayed diagnosis, and proven negligence, it may qualify as a wrongful death lawsuit. Identifying Negligence Diagnosis errors are not proof of negligence, but they can result from it. Even very experienced and careful doctors make mistakes. By law, doctors are not legally liable for errors. However, if there is negligence involved, that’s a different story. You’ll need to prove that the doctor did not act the way any reasonable, competent medical professional would perform. For example, if the doctor concluded the correct diagnosis but failed to treat the patient, they may be guilty of negligence. Another example might be if a doctor correctly diagnosed one condition but failed to recognize a second condition that needed to be diagnosed and treated that another doctor with the same specialty and credential could have identified. In some negligence cases, it may not be the doctor who acted negligently. It is possible for another person involved in the process to be liable for the misdiagnosis. For example, if the doctor was given the wrong test results and reported them back to the patient, someone else may be held legally liable. Defining Misdiagnosis Misdiagnosis can be very dangerous. But for a legal case to be considered medical malpractice, you must be able to prove that the medical professional’s negligence led to the patient’s harm or injury. In most cases, misdiagnosis means missing a medical condition. But it can also mean that a patient was diagnosed or even treated for a medical condition they do not have. If a patient can prove that the treatment for the wrong condition caused harm, the patient could be entitled to compensation. It’s important to note that the damage can be caused by the stress and anxiety of going through medical treatments. What is a Delayed Diagnosis? A delayed diagnosis means that a doctor eventually achieves the correct diagnosis after a significant amount of time. If the condition progressed beyond where it could have been caught in a more timely manner, there might be a case for delayed diagnosis. Contact Flickinger Sutterfield & Boulton for Questions About Medical Malpractice If you feel you have a case for medical malpractice, get in touch with the attorneys of Flickinger Sutterfield & Boulton. We will help you define if you have a valid lawsuit and if so, we will represent you as you seek the compensation you deserve. We have offices in Provo, Orem, Saratoga Springs, and West Jordan, Utah. Contact us now for a free case consultation.
Surgical Errors Can Lead to Serious Patient Injuries
Some of the most tragic medical mistakes can occur during surgery, leading to severe and even permanent patient injuries. If you are concerned about medical malpractice, there are a few things you need to know about when it comes to surgical errors. We Expect a High Degree of Competence from Surgeons When we undergo any kind of surgical treatment, it’s not unreasonable to expect surgeons to perform procedures with a certain level of attentiveness and care. Their training and expertise have prepared them to complete even the most complicated medical procedures with competence, avoiding errors and acting diligently should complications arise. Sadly, there are instances in which surgeons can make costly and avoidable mistakes, ones that lead to severe issues with patient wellness. Sometimes these surgical mistakes can prove fatal or cause injury that is costly to repair or live. Let’s take a closer look at some of the more common medical malpractice cases. Issues with Blood Loss During Surgery If a surgeon does not adequately monitor a patient’s blood loss during surgery, or if the patient makes an accidental incision that ruptures a vein or artery, such matters can prove deadly. Blood loss and proper transfusion must be monitored by the surgeon and their assisting crew of nurses, technicians, and other medical professionals during surgery. Leaving Surgical Instruments Inside a Patient We’ve heard many stories about surgeons leaving instruments inside of patients. While we’d like to believe it doesn’t happen at all, there are a few cases in which it does due to neglect or fatigue from the surgeon. These instruments may include surgical sponges and gauze, as well as scalpels, clamps, and other far more dangerous surgical tools. These items left inside a patient can run the risk of puncturing organs or being extremely uncomfortable. Operating on the Wrong Organ Though rare, it’s not unheard of that one type of surgery is performed on the wrong person. Suppose a chart gets mixed up at a hospital or a surgeon is simply not paying attention to their duties. In that case, patients can undergo surgeries that are not what their own. Additionally, there’s a risk that an unaware doctor could operate an incorrect surgery on the correct organ. Such errors are inexcusable and altogether dangerous. Problems with Anesthetic Problems with anesthetic are no laughing matter. When there is too much anesthetic in the body, it can lead to serious medical concerns. There’s also a risk of an allergic reaction to the anesthetic that the attending staff must be aware of before the surgery. Most alarming, there are instances of patients becoming conscious and receptive to pain while still undergoing surgery, which leads to a horrifying and excruciating experience that can be avoided if the proper steps and precautions are in place. Issues with Post-Operative Recovery and Care Sometimes the mistakes made in surgery are not apparent until a patient is recovering. Issues with post-operative recovery and care that can cause patient injuries could come from a mistake made in surgery that doesn’t constitute itself until later, or it can also be due to poor recovery instructions. Speak with the Attorneys of Flickinger Sutterfield & Boulton If you or someone you love has been the victim of a surgical error that has lead to one or more patient injuries, be sure to contact our injury law firm today. The legal team at Flickinger Sutterfield & Boulton is well-versed in medical malpractice lawsuits, and we’ll be there every step of the way as we fight for your medical rights and fair compensation. We have four office locations in Utah, in Provo, Orem, Saratoga Springs, and West Jordan, and we proudly serve all Utah residents. For a free case evaluation, contact us today!
What Happens If I Do Not Accept a Medical Settlement?
If you or someone you love is a victim of medical negligence, you may be debating between accepting a medical settlement or taking the case to trial. Although most medical professionals are trustworthy and qualified to assist you with your medicinal needs, it is unfortunately not uncommon for medical malpractice to occur. If this happens to you or someone you love, understanding your rights and options is essential. Whether you decide to accept a settlement or take the case to trial is ultimately up to you, but reviewing your options may help ease the burden of this decision. What is Medical Malpractice? Many people wonder what constitutes medical malpractice and whether or not they have a legitimate case. According to the American Board of Professional Liability Attorneys, the definition of medical malpractice is when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient. If you feel that you have been injured in this way, you should investigate your options for a medical malpractice case. What to Do When Medical Negligence Has Occurred? If you believe you have a valid case, first contact an attorney that specializes in medical malpractice. They will help guide you through the situation. There is a two-year statute of limitations for these kinds of cases in Utah, so it is important to seek legal help as soon as possible. A malpractice attorney will perform an investigation of the facts surrounding the case, and then gather evidence to prove that negligence has occurred. If they believe that you have a legitimate case, a suit will be filed. Settle or Go to Trial? When a suit is filed and there is merit to your case, the two parties will meet and try to agree on a medical settlement. This is a quick way to reconcile the suit without going to trial. Both parties will go back and forth with offers as your attorney facilitates the conversations. There are various pros and cons for both settling and going to trial. After counseling with your attorney, if you do not agree with the settlement that was presented, you can deny the offer and take the case to trial. If your case does go to trial, the option for settlement is still on the table. How Long Is a Medical Malpractice Trial? There is not a standard timeframe for this type of trial; typically, they can last between 12 and 24 months. Some trials can last up to 3 or 4 years. The length of time should be considered when contemplating denying a settlement offer. There is no right or wrong answer and each case is different, so it is important to have an experienced attorney to help you navigate your specific situation. Flickinger Sutterfield & Boulton Can Help Surviving a medical malpractice incident can be traumatizing, but our experienced personal injury attorneys are here to help you through your medical settlement or trial. Whether or not you decide to take your case to trial, you can trust that Flickinger Sutterfield & Boulton will help you receive the compensation you deserve. Our firm assists clients in holding careless doctors, technicians, and pharmacists accountable. Our offices are located in Provo, West Jordan, Orem, and Saratoga Springs, Utah. Schedule your free case evaluation today.
What are the Pros and Cons of Going to Trial for Medical Malpractice?
If you or someone you love is a victim of medical negligence, you might be considering taking the case to trial. Although a considerable amount of trust is placed in medical professionals, it is unfortunately not uncommon for malpractice to occur. A 2016 study from John Hopkins University suggests that medical error is the third leading cause of death in the United States. There is no one correct answer when deciding whether or not to resolve your case within a courtroom setting, but reviewing some pros and cons may help ease the burden of this decision. The Pros Trials Help Healthcare Providers Maintain Acceptable Standards of Care Medical professionals will be less likely to implement unsafe practices if they face a potential lawsuit. They will be paying in terms of their time, money, and perhaps even their license if negligence ensues. Courts also often impose disciplinary damages which are designed to act as a deterrent. Trials are accessible to the public, so you can trust that the offender will be held accountable if the jury finds in your favor. Increased Compensation Jury awards are generally larger than the compensation offered from a settlement. Typically, when medical malpractice occurs, the patient ends up in worse shape than they were beforehand. With litigation, you will receive full compensation for the adverse healthcare that took place. If you are left with severe injuries or your medical treatment exceeds the amount offered from a settlement, it is best to go to court. More Meaningful Closure Navigating your case through a trial may help you receive more meaningful closure. Being a victim of medical negligence can make you feel violated in such a way that going through the whole court process may be more fulfilling than settling. The Cons High Costs Although you are likely to receive more compensation from taking your case to court, litigation is expensive. Attorneys will need to spend more time gathering witnesses and taking depositions resulting in more fees. It will also likely take longer for you to receive your final payout after the trial concludes. Case Uncertainty There is always some degree of doubt about the success of a case if it goes to trial. Even if you feel like the evidence is quite clear, the jury may see it through a different lens than you. Putting the decision in the hands of a jury does not always result in your desired outcome. Trials are Time-consuming Medical malpractice litigations can last for many years and be quite stressful. These proceedings can be emotionally and physically difficult for victims to handle. A patient that is struggling with their health may have a hard time frequently appearing at court proceedings. Negotiating a settlement usually takes much less time than going through the whole process of a trial. Flickinger Sutterfield & Boulton Can Help Surviving a medical malpractice incident can be traumatizing, but our experienced personal injury attorneys are here to help. Whether or not you decide to take your case to trial, you can trust that Flickinger Sutterfield & Boulton will help you receive the compensation you deserve. We have offices in Utah County and West Jordan. Schedule your free case evaluation today.
What Are Some Things I Should Know About Medical Malpractice
Medical malpractice occurs when a doctor or other medical practitioner inadvertently harms their patients. Although state rules regarding medical malpractice claims vary, some principles and broad categories of rules apply to most cases. Below are some statistics on medical malpractice. Medical Malpractice Statistics Medical malpractice is a safety hazard in the U.S. that results in thousands of injuries and deaths every year. Here are a few facts to keep in mind, provided by the Medical Malpractice Center: Medical negligence is the third leading cause of death in the U.S. There are approximately 100,000 deaths every year in the U.S. as a result of misdiagnosis. Preventable mistakes during surgery result in approximately 200,000 deaths each year. Almost every medical doctor will face a lawsuit sometime during their medical career. Malpractice results in stress for doctors, often leading to early-career burn-out and depression. Medical negligence can occur during diagnosis, treatment, or when your surgeon gives you postoperative advice. One out of every three patients will be a victim of medical error during their hospital stay. Continue reading to learn about the most common types of medical malpractice. Common Medical Errors A variety of situations can lead to a medical malpractice error, from a surgeon leaving a sponge inside a patient during an operation to failing to inform a patient about a medication’s side effects. Most medical malpractice claims fall into one of the following categories: Improper treatment: If a doctor treats a patient in a way that no other licensed professional would, they may be able to file a medical malpractice claim. Similarly, it may also be malpractice if a doctor uses adequate treatment, but administers it negligently. Failure to diagnose: If a different doctor discovered the patient’s ailment and made a different diagnosis, then the patient may have a viable medical malpractice case—particularly if the other doctor’s diagnosis would have resulted in a better outcome. Failure to warn a patient of risks: A doctor has the duty of care to inform patients of the associated risks of a procedure or treatment, known as the duty of informed consent. If a patient would have elected not to go through with the procedure once they were informed of the risks, the doctor may be held liable for medical negligence if the patient experiences injuries. The Statute of Limitations Every state has a set of rules and procedures for medical malpractice claims. For instance, you must file a claim quickly, usually between six months and two years, depending on the state. This period is called the statute of limitations; if you don’t file the lawsuit within the specified time frame, the court will dismiss your case, regardless of the facts. The statute of limitations for medical malpractice cases is two years in Utah. Flickinger Sutterfield & Boulton Can Help Surviving a medical malpractice experience can be traumatizing, and you deserve compensation at a minimum. The experienced personal injury attorneys at Flickinger Sutterfield & Boulton can help you pursue a personal injury case to ensure you receive damages. Schedule your free case evaluation today.
Are Medical Errors Common?
We take several things for granted in our daily lives, and this especially reigns true when we place our trust in surgeons and rely on their expertise for our wellbeing. Medical professionals are some of the people we trust the most because they’re responsible for our health when we’re at our sickest. Unfortunately, medical error is one of the leading causes of death in the U.S. Continue reading to learn more about the frequency of medical malpractice.. Medical Error Statistics Medical errors are the third leading cause of death in the U.S., surpassing strokes, Alzheimer’s, and diabetes, according to a recent study from Johns Hopkins Medicine. Shockingly, one in seven patients receiving care in a hospital will fall victim to a medical error. Furthermore, an estimated 1.5 million people are injured each year due to medical malpractice, according to the Institute of Medicine. In today’s blog, we will explore the seven most common causes of medical errors. 1. Misdiagnosis The most common medical error is misdiagnosis. A diagnosis error can result in delayed treatment, sometimes with fatal consequences. Not receiving a diagnosis is equally as dangerous; this is why it’s essential to disclose all your symptoms. 2. Unnecessary Tests and Procedures Hospitals spend more than $700 billion every year on unnecessary tests and treatments, according to Healthcare Economist. Not only is this expensive, but it can also be deadly. For instance, CT scans increase your risk of cancer, and their dyes can lead to kidney failure. Even getting your blood drawn can result in infection. This information isn’t meant to discourage you from getting tests done, but it’s essential to be aware of the potential risks involved. Be sure to ask your doctor why a specific test or procedure is required. 3. Medication Errors Over 60 percent of hospitalized patients aren’t able to take their regular medications during their stay. Moreover, nurses and doctors administer the wrong medication to approximately 1.5 million Americans each year; this mistake costs $3.5 billion, according to an Institute of Medicine report. 4. “Never Events” In the medical world, a “never event” is a situation that should never occur, but when they do, they usually result in death. Some examples include: When a surgeon operates on the wrong patient When a surgeon operates on the wrong limb When food that’s meant to go inside a patient’s stomach tubes goes inside their chest tubes instead, resulting in a fatal infection When air bubbles go inside IV catheters, resulting in strokes When a surgeon accidentally leaves a face mask, sponge, wipe, or even scissors inside a patient’s body 5. Lack of Coordination In our evolving healthcare system, having a personal doctor is becoming a relic of the past. If you’re going to the hospital, chances are you won’t be taken care of by your regular doctor, but by an on-call one instead. Additionally, various specialists may take care of you, and some of them might not coordinate with each other. Worst of all, you may end up with two of the same tests, or medications that you shouldn’t mix. There could even be a lack of communication between your nurse and your surgeon, increasing the chances of medical error. 6. Infections from the Hospital Hospital-acquired infections impact over 1.7 million people every year, according to the Centers for Disease Control. These may include: Pneumonia Infections around the site of the surgery Urinary infections from catheters Bloodstream infections from IVs Such infections usually involve bacteria that are resistant to several antibiotics, and they can be deadly to those with weakened immune systems. 7. Going Home Too Soon According to USA Today, one in five patients returns to the hospital within 30 days of discharge. This is usually due to: Patients being released prematurely Patients not understanding their discharge information Patients not scheduling a follow-up, so they’re unaware about the status of their condition General treatment complications The transition from hospital to home is a vulnerable time, and a combination of miscommunication and lack of aftercare can be deadly. How Can I Be More Vigilant as a Patient? Here are a few ways you can be more proactive as a patient: Ask questions: Gain as much insight as you can from the hospital. Ask about the benefits, side effects, and disadvantages of a medication or procedure. Seek a secondary perspective: If you’re uncertain about a procedure, you should ask another doctor for their opinion. A good doctor will welcome confirmation of their diagnosis, and they shouldn’t discourage their patient from doing their research. Bring an advocate: When you’re at the doctor’s office, it may be hard to process all the information by yourself. Bring a family member or friend to your appointment so they can help you keep track of information and ask additional questions. Flickinger Sutterfield & Boulton Can Help You Surgeons and hospitals owe a professional duty of care to their patients. If you’ve suffered a physical injury or emotional trauma due to a negligent doctor’s actions, you may be eligible for compensation. An experienced medical malpractice attorney at Flickinger Sutterfield & Boulton can help you receive damages. We’re a client-centered law firm dedicated to seeking justice for injury and wrongful death victims. Schedule a free case evaluation today.
What Are The Leading Causes of Medical Errors?
When you’re a patient, you always trust you’re in good hands; however, even doctors and surgeons can commit medical errors. A medical error is a preventable adverse effect of care that can either be accidental or on purpose. Continue reading to learn more about the frequency of medical errors. How Common Are Medical Errors? Although medical malpractice cases sound like something that only occurs on television, they’re more common than you think. They’re the third-leading cause of death in the U.S., according to research by Johns Hopkins Medicine, a research university. Worst of all, medical errors can occur in any medical setting, including clinics, surgery facilities, hospitals, nursing homes, pharmacies, and a patient’s home. In today’s blog, we will delve into the three leading causes of medical errors. Misdiagnosis The leading cause of medical errors is misdiagnosis, which is when a doctor wrongfully diagnoses a condition, arrives late at diagnosis, or misses it entirely. Unfortunately, an incorrect diagnosis can result in poor treatment of the actual disease, which further harms the patient. Therefore, it’s important to come into your doctor’s office informed about your current health and medical history. If you’re not satisfied with your doctor’s treatment or have second doubts about their diagnosis, you should consult with a second doctor. Confusing a Patient’s Identity If you’re unlucky enough to have your identity mixed up with another patient’s, you may end up receiving someone else’s medication. In the worst-case scenario, a surgeon may even perform the wrong surgery on you. To prevent these severe errors, hospitals give each patient a wrist band with their name, date of birth, and a unique barcode. If you need to check into a hospital, ask your nurse to double-check your wristband before you’re given medication or undergo surgery. Leaving Surgical Tools Inside a Patient’s Body Most patients of surgery don’t consider they may be leaving the hospital with a foreign object inside their body. Retained surgical instruments can cause future health issues, and it may even result in death. Typically, a surgeon uses approximately 250 surgical tools in a single procedure. During surgery, they may become difficult to track. The types of surgical instruments most commonly left inside a patient’s body include: Sponges Scalpels Towels Scissors Needles Drain tips Guide wires Clamps Tweezers Forceps Scopes Surgical masks Measuring devices Gloves Sponges are the hardest instrument to account for because a surgeon uses them to soak up a patient’s blood during surgery, and they might blend in with organs and tissues. These incidents are most common during abdominal surgery. Flickinger Sutterfield & Boulton Is Here for You At a minimum, hospitals must provide their patients with a professional atmosphere. Medical errors are unacceptable, and if you suspect you’re a victim, you should seek compensation. An experienced medical malpractice attorney at Flickinger Sutterfield & Boulton can investigate the facts of the case and collect evidence to prove negligence occurred. Schedule a free case evaluation today.
What Causes Medical Errors in Hospitals?
Medical errors happen more times than they should. Some mistakes can result in the loss of loved ones and friends. Today, we’ll discuss what causes medical errors in hospitals and how you can help prevent them. Causes of Medical Errors Miscommunication is the leading cause of medical errors. Other causes include: Human error Insufficient information flow Patient-related problems Organizational transfer of knowledge Technical failures Inadequate policies Staffing patterns and workflow Read on to learn more about these medical error causes and why they happen. Why Medical Errors Happen Whether verbal or written, miscommunication between doctors, nurses, patients, or healthcare team members, pose a severe risk to patients. Inadequate information can pose the following problems: the absence of crucial information when needed to influence prescribing decisions, poor coordination of transfer of care or medication orders, and lack of correct communication of test results. Some patient-related issues that contribute to medical errors are incorrect patient identification, failure to get consent, incomplete or insufficient patient assessment, and poor patient education. In an organizational transfer of knowledge, inconsistent or incorrect training or ineffectual education for caregivers cause medical errors. New employees or temporary help require the adequate transfer of knowledge, which is critical in most areas. Another area where medical errors occur readily is staffing patterns and workflow. A lack of enough staffing can put healthcare workers in situations that lead to mistakes. Also, technical failures with equipment, medical devices, implants, or grafts can all cause complications. The final cause of medical errors is inadequate policies on the process of care, which you can typically trace back to poor documentation or non-existent or inefficient procedures. Ways to Protect Yourself and Family The number one way you can prevent medical errors is by being an active member of your healthcare team. That means taking part in every health decision. It’s also essential to keep your healthcare team informed by: Ensuring all of your doctors know what medicines you are taking, which includes prescriptions, over-the-counter, supplements, herbs, and vitamins Keeping the doctor aware of any allergies you have, even ones you have adverse reactions or severe side effects to Letting your doctors know all the applicable information they need to know about you Making them aware of any changes in symptoms or medication effects Another way to prevent medical errors is to get information about your medication in terms you can understand. Ask the physician and pharmacist about directions, side effects, dosage, or any other relevant information you need to know before you leave the hospital, clinic, or pharmacy. Ask for all ingredients in medication and ensure when the doctor writes the prescription (most are digital now), that you can read it. Prevent medical errors in the hospital by choosing one where many patients have had procedures or surgeries. Observe if healthcare professionals wash their hands when in direct contact with you. Before any procedure or surgery, make sure you and your doctor know exactly what’s being done and where to reduce confusion during or after surgery. This is a rare situation, but it does happen. Flickinger Sutterfield & Boulton Can Help If you’ve been the victim of a medical error and want to know your options, contact us. We can discuss your situation and help you make an informed decision.
What Are the Top 5 Most Common Medical Errors?
Medical errors sound like something that only occurs in movies or your worst nightmares, but they’re an unfortunate reality. Over 250,000 people die from preventable medical mistakes each year, according to Johns Hopkins School of Medicine. Millions of patients are harmed by drug-related errors each year. Medical mistakes are the third leading cause of death in the United States, which is unsettling because patients rely on doctors to save them. Even top-rated hospitals in the country have been responsible for medical malfunctions. Here are the top five most common medical errors. 1. Misdiagnosis Errors in diagnosis are one of the most common medical mistakes. An incorrect diagnosis can result in unnecessary medical treatment, which will harm you. Misdiagnosis often results in a delay in proper treatment, resulting in aggravated sickness and prolonged suffering. 2. Medication Errors Medication errors are one of the most common mistakes that can occur during treatment. Some doctors accidentally prescribe the wrong dose of medication to their patients, mislabel the medication bottle, or fail to warn the patient about the potential side effects of medication. Prescribers and caregivers are responsible for reviewing a patient’s medical history to avoid giving a patient a lethal drug combination. 3. Infections Don’t let the smell of hand sanitizer and latex gloves fool you, as the risk of infection is present at every hospital. According to the Centers for Disease and Control (CDC), 1.7 million people are affected by hospital-acquired infections every year. Most hospital-acquired infections are caused by pneumonia, bacteria around the surgery site, urinary infections from catheters, and bloodstream infections from IVs. Several of these infections involve bacteria that are resistant to antibiotics, making these infections deadly. People with weakened immune systems, such as the elderly, are most susceptible to falling victim to hospital-acquired infections. The CDC estimates over 100,000 deaths are caused by preventable hospital infections each year. 4. Falls Every year, 500,000 patients collapse while being inside the hospital, according to the Institute for Healthcare Improvement. Worst of all, one-third of these accidents occur due to malfunctioning medical devices. There’s always the possibility a patient’s peacemaker might break, or that someone’s hip implants will suddenly stop working. Patients who are loopy from medication risk slipping on wet surfaces, which can result in injuries. Doctors need to remind patients they shouldn’t be walking around the hospital if they’re still recovering from medication. 5. Being Sent Home Too Early Some doctors make the mistake of sending their patients home too early, which is harmful to a patient’s recovery and can even be deadly. It’s a doctor’s responsibility to make sure the patient understands their discharge information, and to schedule any follow-up appointments the patient may need. If a patient has a caregiver, the doctor must also explain the discharge information to the patient’s caregiver. Hospitals that provide clear discharge instructions to their patients have lower readmission rates. Although there are risks associated with staying at a hospital, this doesn’t mean you should skip out on any necessary surgeries or doctor’s appointments. If you fall victim to medical malpractice, you can hold negligent hospital staff accountable. Work with a personal injury attorney to collect the compensation you deserve. Contact Flickinger Sutterfield & Boulton today.