What are Types, Causes and Consequences of Medical Malpractice

Medical malpractices have a significant impact both on patients and the healthcare system.  Patients have to bear physical and mental suffering resulting from substandard care. The healthcare system, on the other hand, has to divert critical resources to handle legal and administrative burdens due to medical malpractice cases. However, the real victim is ultimately the patient. The scale of this issue can be alarming. 

A study by Johns Hopkins reveals that more than 250,000 Americans lose their lives because of medical errors every year. The authors of the study claim that medical malpractice is the third leading cause of death after heart disease being the first and cancer being the second. It accounts for 9.5% of all deaths each year. 

New York, Florida, Pennsylvania, Illinois, and New Jersey are the top five states with the highest medical malpractice payouts in 2022. The numbers for New York and Florida were $551 million and $382 million, respectively. Pennsylvania paid $295 million, Illinois paid $222 million and New Jersey paid $215 million. Here in Massachusetts, 400 Medical Malpractice Cases were filed that year. 

The number of fatalities shows that medical malpractice is a deadly risk. Other devastating consequences of medical error include physical injuries and disabilities such as permanent disability, chronic pain, organ damage, and loss of bodily function. Emotional or psychological trauma, financial hardship, and loss of quality of life are the other potential outcomes.

What is a Medical Malpractice?

In the simplest words, medical malpractice is a failure to meet the accepted standards of care and conduct, leading to physical and/or mental harm or even death. These standards are established, upheld and updated to reflect new research, technologies and best practices to ensure safe and accurate diagnosis, treatment, and aftercare. Medical professionals have a duty to care for their patients. Malpractice is a breach of this duty. 

Types of Medical Malpractice

Delayed Diagnosis or Misdiagnosis

Diagnosis is a complex and patient-centric process that involves getting information and using clinical reasoning to determine a patient’s health problem. It also determines the course of medical intervention. Delayed diagnosis can increase the severity of the disease and even cause irreversible harm in extreme cases. Misdiagnosis occurs when the healthcare professional fails to assess and interpret symptoms accurately.

Medication Errors

Medication errors include prescription or administration of incorrect drugs and incorrect dosage. These errors can have severe complications, such as adverse drug reactions and even organ damage. The interaction between multiple drugs administered simultaneously can be potentially dangerous. For example, both Warfarin and Aspirin are blood thinners used to reduce the likelihood of blood clot. Taking both medications together significantly increases the risk of bleeding.

Surgical Errors

Anesthesia errors are the most common type of surgical error which includes incorrect dosage, failure to monitor, improper administration, failure to identify the risk of allergic reaction due to anesthetic agent, equipment malfunction, and failure to adjust anesthesia. Wrong-site surgeries are very rare but possible. Retained surgical items is another rare surgical error in which the surgeon leaves surgical equipment or objects in the patient’s body.   

Birth Injuries

Birth injuries result from errors like failure to monitor the mother’s or baby’s condition during labor, improper use of vacuum extractors or other tools and not addressing post-delivery complications.

Lack of Informed Consent

Medical professionals are obligated to inform the patient about the risks, complications and outcomes of the prescribed procedures and medications. The professional is also obligated to inform the patient about alternatives. Not adhering to the principle of informed consent is also a medical malpractice. 

Negligent Aftercare

Negligent aftercare includes failure to monitor response to treatment and recovery. Not providing sufficient post-treatment instructions or follow-up care is also aftercare negligence.  

Medical Equipment Failure

There is a systematic procedure in place for proper instrument/equipment management. Improper storage, maintenance, care, cleaning, sterilization, handling, or use can cause infections or injuries. Using faulty equipment compromises patient’s safety. 

Treatment Failure

Medical intervention does not always yield the intended outcomes. However, human errors can lead to treatment failure. This usually happens when a medical professional fails to perform the necessary diagnosis. Sometimes, all the required diagnosis tests are performed, but the patient does not receive appropriate treatment.

Medical Record Errors

Inaccuracies or omissions in medical records, failure to update records, data mismatch, typos, or miscommunication can lead to medical record errors. Wrong or outdated information can result in inaccurate diagnosis or inappropriate treatment.

For example, there is a patient with a history of chronic kidney disease. The medical professional needs to see the results of the most recent tests to adjust the dosage. In case the medical records are not updated, the patient will receive dosage that may be too low or too high. This can be potentially dangerous.  

Failure To Refer

This medical malpractice occurs when the medical professional fails to refer a patient to a specialist when necessary for the patient’s safety. In many cases it is life-threatening. 

Causes of Medical Malpractice 

Substandard care and potential harms can be avoided by addressing the causes of medical malpractice. Common causes include

• Inadequate training or experience 
• Fatigue  
• Lack of proper communication
• Negligence 
• Poor management, insufficient protocol, inadequate staffing, and other systematic issues
• Outdated or malfunctioning medical equipment
• Poor judgment due to failure to follow established guidelines
• Inadequate or erroneous documentation
• Lack of supervision 
• Failure to keep up with the latest best practices

Consequences of Medical Malpractice

Physical Impact

Injuries, infections, or side effects caused by malpractice can lead to temporary or permanent disability. Complications due to inaccurate or inadequate treatment can worsen the condition. Severe cases often lead to death. 

Psychological Impact

Pain and suffering due to medical errors can cause significant emotional trauma, such as PTSD (post-traumatic stress disorder). Chronic pain or disability due to malpractice often causes psychological problems such as anxiety or depression. 

Financial Impact

A victim of medical malpractice has to receive additional corrective treatments with prolonged stays, which increases the financial burden. Complications result in loss of income. The financial impact can be significant if the victim suffers permanent disability. The victim can claim compensation by hiring a medical malpractice lawyer. 

Getting Legal Help

Medical malpractice attorneys represent clients and help them claim compensation for physical or psychological harm due to medical malpractice. A medical malpractice lawyer uses legal expertise to evaluate the case and provides legal guidance to the victim. The lawyer obtains and analyzes medical records to gather evidence of malpractice and also interviews witnesses. Medical malpractice cases require tailored legal strategies. 

Securing compensation requires evidence to prove malpractice and the impact of malpractice on the victim’s life. The lawyer suggests if the victim should go to trial or pursue a settlement. The attorney assesses the extent of damage due to malpractice to ensure that the victim gets fair compensation to cover wage loss, medical expenses, and financial troubles the victim will suffer.