6 Malpractice Claim Culprits

Preventing medical errors is not “rocket science!” The same is true for avoiding exposure to medical malpractice and healthcare negligence claims. Surprising enough, a significant percentage of claims against healthcare providers each year are due to gaffes in patient safety practices and breakdowns in communication; in other words, preventable occurrences.

 Many of these medical mishaps can be prevented by providers employing and adhering to simple patient safety techniques and protocols. The following is a list of culprits - or root causes - of medical errors that can lead to patient harm and result in costly (and unnecessary) litigation.

1)    Communication Breakdowns - A study by the Harvard Medical Industries, Inc. revealed that as many as 30% of closed malpractice claims are the result of breakdowns in communication - either between providers or between providers and patients.

2)    Patient Falls - It has been estimated that as many as 1 million patients fall each year in healthcare settings. Approximately 30-35% of these falls result in injuries. Providers are responsible for identifying patients at risk for falls and implementing proper safeguards that have been proven to significantly reduce falls.

 3)    Retained Objects at Surgery - For the first half of year 2020, retained foreign objects at surgery were among the most frequent healthcare adverse events (Sentinel Events) reviewed by the Joint Commission. Counting sponges is elementary arithmetic! In addition, providers should use surgical equipment with markers that can be seen on x-ray or identified by electronic or other appropriate technology.

4) Failure to Utilize Medication Reconciliation - Patient medication lists must be verified and evaluated as patients navigate through the healthcare continuum. All too often, medications are omitted or not discontinued when appropriate. In some cases, medications are prescribed which interact in a harmful way with other medications being taken. This can easily be alleviated by evaluating and verifying that the medications prescribed are safe.

5) Poor Discharge Planning and Follow-Up - Hospital patients being discharged must be aware of their diagnosis and all necessary plans for care at home. Proper preparation includes education on taking medications, date and time for out-patient visits, and any diagnostic tests that need to be performed. The discharging physician must coordinate with the patient’s primary care provider to insure that pending and planned test results are followed correctly and reported to the patient.

6) Delay in Treatment - This Sentinel Event consistently ranks among the top 10 healthcare errors as reviewed each year by the Joint Commission. Physicians must ensure that patients undergo ordered lab tests and diagnostic procedures; and just as important, physicians must receive results and act on abnormal findings in a timely fashion.