One of the most common reasons for filing a medical malpractice lawsuit is diagnostic errors, such as misdiagnosis and late diagnosis. For example, delays in diagnosing certain types of cancer may allow the malignant neoplasm to advance and be more difficult to contain. Malpractice lawsuits must be handled by experienced attorneys who also understand medicine and can evaluate whether a medical error rises to the level of malpractice. Clinical poor judgment is a factor in approximately 60% of malpractice lawsuits, says Ruoff.
Inadequate patient evaluation is the most common mistake in this category. In the outpatient setting, errors often involve an inadequate anamnesis or the failure to perform an adequate physical examination. In the hospital environment, the most common errors are inadequate patient monitoring, lack of rescue, or premature discharge. According to Schaffer, practicing “defensive” medicine and ordering diagnostic tests solely to protect against malpractice lawsuits is not a good substitute for clinical judgment.
Document the diagnostic process. Injuries caused by medical negligence are the third leading cause of death in the United States after cancer and heart disease. Cancer, which responds best to early medical intervention, is often the basis of a malpractice lawsuit for late diagnosis. A frequently asked question by doctors is how to respond when an adverse effect has occurred and the patient is upset by the care provided, Schaffer points out.
Gretchen Ruoff, MPH, and Adam Schaffer, MD, of CRICO Strategies, a risk management organization based at Harvard University, explore the major contributors to malpractice lawsuits and strategies to avoid litigation. Insider Monkey, with the help of a Medscape survey and statistics from the Centers for Disease Control and Prevention, compiled a list of the most common causes of malpractice lawsuits brought against doctors. The medical malpractice attorney at The Tolson Firm, LLC, in Atlanta, has compiled a list of the ten leading causes of medical malpractice. There are potentially many forms of medical malpractice, and any medical professional or institution can be sued for negligence.
Gaps in care coordination, lack of communication around patient expectations, and inadequate patient participation can lead to negligence lawsuits. Anyone considering starting a lawsuit should weigh the potential pros and cons before taking action. However, studies have demonstrated which incidents occur frequently enough to stand out as the most common causes of negligence lawsuits against doctors. When considering whether your negative medical experience may be a malpractice, it might be helpful to understand what types of medical errors most often lead to malpractice lawsuits.
