Medical Errors Continue to Harm Trusting Patients

A committee,“Quality of Health Care in America” in the Institute of Medicine (IOM) declared that it is not acceptable for patients to be harmed by the health care system that is supposed to offer healing and comfort—a system that promises, “First, do no harm.”

Their report additionally says that the majority of medical errors do not result from individual recklessness or the actions of a particular group. More commonly, medical errors are caused by faulty systems, processes, and conditions that lead people to make medical errors—or fail to prevent them. For example, stocking patient-care units in hospitals with full-strength drugs, though they are toxic unless diluted, has resulted in a number of deadly medical errors. Other examples that shed light on how specific conditions can cause serious medical errors to take place:

• Patient was admitted to hospital with severe head injuries dies due to lack of timely treatment by doctors of a surgery department.
• An anesthesiologist falls asleep during an operating room emergency that leads to the death of an eight-year-old boy. Witnesses testified to four previous episodes in which anesthesiologist had fallen asleep during surgery. The anesthesiologist was charged with reckless manslaughter.
• A mother sues three physicians claiming that their negligence resulted in her child contracting HIV at or around the time of the child-birth. One physician agreed to pay $6 million to the mother.

Because hospitals are 24-hour institutions, excellent documentation and communications are crucial for seamless shift changes. During a change, a quality transfer of patient care information should occur but is not always successful. Having “real-time” up-to-date information about the patient’s progress or lack of progress is absolutely vital for their welfare.

Types of Medical Errors

In all phases of diagnosis, treatment and recovery medical errors can occur. Here are four primary categories:

Diagnostic Medical Errors:

• Error or delay in diagnosis
• Failure to employ indicated test
• Use of outmoded tests or therapy
• Failure to act on results of monitoring or testing

Treatment Medical Errors:

• Error in the performance of an operation, procedure, or test
• Error in administering the treatment
• Error in the dose or method of using a drug
• Avoidable delay in treatment or in responding to an abnormal test
• Inappropriate care

Preventive Medical Errors:

• Failure to provide prophylactic treatment
• Inadequate monitoring or follow-up of treatment

Other Medical Errors:

• Failure of communication
• Equipment failure
• Other system failure

Types of Malpractice Damages

The Institute of Medicine estimates that $29 billion in damages are paid out annually in the United States for medical errors. Medical malpractice lawsuits can seek compensatory damages, and at times, punitive damages for harm or injuries received by the patient. Compensatory damages are sought to remedy the burden caused economically and noneconomically.

Compensatory damages (economic): Include medical expenses, loss of earning capacity (or lost wages), and expenses related to life care. The economic damages may be assessed to losses both in the past and future. Damages can be financial, physical, or emotional in nature:

Example: The highly popular human potential movements of 1980s highlight a perfect example of potential emotional injuries. Many of their trainers and session practices dealt with psychotherapy without formal education to conduct such sessions. Lawsuits were brought seeking damages for a variety of psychological injuries including victims who had emotional breakdowns and committed suicide as an outcome of the training. The majority of these medical malpractice and wrongful death suits were settled out of court.

Compensatory damages (noneconomic): Include physical and psychological harm, such as loss of vision, loss of a limb or organ, the reduced enjoyment of life because of disability or loss of a loved one, and severe emotional distress.

Punitive damages: Awarded in the event of wanton and reckless conduct.

It is right to hold health-care professionals accountable when medical errors results in injury or harm. Let Seeger Weiss ensure that your voice is heard and just compensation is received. Fill out this form for FREE case evaluation today.

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