Avoiding Medical Malpractice

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According to statistics released by the Journal of the American Medical Association, more than 85,000 medical malpractice lawsuits are filed each year and medical negligence is the third leading cause of death in the U.S.

If this isn’t overwhelming enough, up to 12,000 people die during an unnecessary surgery and 7,000 from medical malpractice errors alone.

In the midst of this startling news, Business Review USA and other publications suggested ways that hospitals can avoid medical malpractice suits. Some of these recommendations could arguably help patients avoid falling into some of the worst errors.

Risk Management

Experts describe “risk management” as a “series of strategies designed to reduce the likelihood of injury to a patient, and when injury occurs, to reduce the likelihood that a lawsuit results.” Medical Economics cited six common risks that can be mitigated in this process:

  • Faulty communication: Patients need explanations. Research has shown that when patients feel that their healthcare provider has their best interests at heart, they are more forgiving of errors. One of the best ways to mitigate risk is clearly communicating with the patient and explaining what’s important. Some circumstances do call for a formal apology, and for some it is helpful to know that a doctor has learned from their medical error so that another patient won’t suffer similar consequences.
  • Patient consent: Obtaining patient consent to any and all procedures that will be performed (once that a patient has received proper explanations) is crucial.
  • Staying up-to-date: It is crucial that doctors stay updated when it comes to new developments and specialties. This is especially important as more and more offices transition to having electronic records.
  • Following up: A lot of things can happen to tests that are ordered—a patient may not follow through and get the tests done, the tests may not end up with the physician, the doctor may now look at the test results right away, etc. This is also important if a doctor sets up an appointment for their patient with a specialist.
  • Variations in Policies: When policies and procedures frequently change from physician to physician within one office, it is easy to overlook important details.
  • Avoidance: Showing empathy, being compassionate, and relating to people counts for a lot.

Unnecessary Surgeries

The publications note that unnecessary surgeries usually involve a particular anomaly that comes into play, and to avoid these anomalies, hospitals implement quality control procedures that involve objective third parties consulting with the patient. Speaking with patients after surgery can also help to diagnose any associated problems sooner. This also provides an opportunity for the hospital to potentially correct substandard care before it turns into a lawsuit.

Medication Errors

Many medication errors are linked to overlooking important details in a person’s condition or in a written prescription. Some experts suggest instituting an oversight department to monitor staff and enforce maximum work hours to correct for this.

Harrell & Nowak

Medical malpractice occurs when a doctor or other medical professional harms a patient because of a negligent act or omission. Negligence by a medical professional may include errors in diagnosis, treatment, or illness management.

If you’ve been the victim of medical malpractice, contact us at our New Orleans office to discuss your case. The attorneys at Harrell & Nowak are prepared to assist you immediately.