Medical malpractice is a serious issue that causes hundreds of thousands of deaths and disabling injuries each year. In the United States, one in three clinicians will be sued at least once in their lifetime for malpractice. There are many reasons why these issues occur, but miscommunication is a significant problem.
Malpractice due to miscommunication can leave patients with all manner of expenses, as well as the inability to live their lives as they used to. Read below to learn more about the most common errors caused by miscommunication in medical settings.
Common Reasons Why Medical Malpractice Occurs Due to Miscommunication
Every healthcare provider has a responsibility to communicate clearly with patients and each other so that they can provide a high standard of care. Many common communication problems can result in harm.
Unclear Physical Instructions That Can Lead to Medical Errors
Medical errors due to miscommunication can happen if a doctor doesn’t provide clear instructions for the treatment of an injury or condition. If the physician issues vague instructions, they can be misconstrued, and that can lead to improper diagnostic tests or incorrect treatments.
An example of communication failures is when a physician orders imaging tests but does not emphasize that it is an emergency. That can delay the diagnostic process and might not allow a patient to get treatment as quickly as he or she needs it. When dealing with conditions like cancer, a delay can limit treatment options and the chances of recovery.
Poor Communication Between the Doctor and Patient
When a doctor speaks with a patient, they have the duty to ask pertinent questions regarding symptoms to get all of the information they need to make a diagnosis. If they fail to do so, they could end up misdiagnosing the patient.
Failing to get a thorough medical history and information on allergies or current medications can all result in medical malpractice. Miscommunication at this stage could put patients in danger by not providing an accurate diagnosis, providing treatments that could harm them, or allowing the patient to not receive treatment at all.
Lack of Informed Consent
Medical malpractice due to miscommunication can also occur if a physician does not properly inform patients of all of the benefits, risks, and alternatives to the procedures and the treatments they’re proposing. Doctors are ethically and legally required to provide all of this information so that patients can make an informed decision.
Lack of Follow-Up Care
Not communicating with patients after a procedure or while they’re taking medications can also lead to malpractice claims. Physicians must offer clear aftercare instructions and must ensure the patient doesn’t have questions or concerns leading to medication errors.
If patients do not receive essential follow-up care, they may stop their treatments earlier than they should, leading to worse outcomes. They may also not receive the necessary assessments to see if treatment is working. If there are complications, they can go unnoticed if the provider isn’t checking in.
Patient Handoffs and Miscommunication Errors Between Providers
Misdiagnosis, surgical errors, and a variety of other mistakes can occur if healthcare providers don’t communicate efficiently with one another. Specialists must take thorough notes and share them with those providing further care, and if there are any concerns or questions, providers must be ready to speak with one another.
Not doing so can leave gaps in information that could put patients at risk. It can also make it more difficult for them to get future care, since data could be missing from their files.
Legal Options After Malpractice Due to Miscommunication
If you have sustained an injury as a result of malpractice, you may be able to file a claim. Medical malpractice cases are similar to personal injury cases, except you’re required to prove more than the reasonable person standard. In these claims, you must show that another professional in the same field would not have made the same error.
Beginning these legal actions gives you the opportunity to recover the losses you suffered. You can receive economic damages to address your medical expenses and lost wages, while non-economic damages cover the emotional and physical suffering you experienced.
Hiring Trusted California Malpractice Lawyers
After sustaining losses because of medical malpractice, hiring attorneys to represent you can improve your chances of obtaining the compensation you deserve. At The Trial Law Offices of Bradley I. Kramer, M.D., Esq., our team of attorneys offers the assistance you need while navigating these cases.
By relying on decades of experience and a fierce dedication toward our clients, we have helped people throughout California recover settlements and jury awards. Don’t go through this process without legal counsel. Contact us to schedule a free consultation with one of our attorneys.