Medical negligence claims often arise from errors in diagnosis, treatment, or poor communication. The consequences of such errors can be devastating for patients and can lead to prolonged suffering, financial strain, and loss of trust. This article looks at common causes of medical negligence claims and what preventative measures can be implemented from a healthcare provider perspective.
Common causes of medical negligence claims
- Misdiagnosis/Delayed Diagnosis: Misdiagnosis or failure to diagnose a condition promptly can lead to incorrect or delayed treatment, exacerbating a patient’s condition. Common examples include missing signs of cancer, heart attacks, or strokes.
- Medication Errors: Errors in prescribing, dispensing, or administering medication can have serious consequences. Mistakes may involve incorrect dosages, prescribing contraindicated drugs, or failure to consider a patient’s medical history.
- Surgical Errors: Surgical negligence includes wrong-site surgery, leaving surgical instruments inside a patient, or failing to properly inform the patient of risks. These errors can result in severe physical and psychological harm.
- Inadequate Communication: Poor communication between healthcare providers and patients, or among medical staff, can lead to misunderstandings, incorrect treatments, and missed follow-ups. This is particularly problematic in complex cases requiring coordinated care.
- Failure to Obtain Informed Consent: Patients have a right to make informed decisions about their treatment. Failing to explain risks, benefits, and alternatives to a procedure can result in claims if complications arise.
- Post-Operative or Follow-Up Care: Insufficient monitoring after surgery or failure to address complications in follow-up care can worsen a patient’s condition and lead to claims of negligence.
- Infections and Hygiene Issues: Hospital-acquired infections, often resulting from poor hygiene practices, are another frequent cause of claims. Infections can lead to prolonged hospital stays and additional treatments.
How to avoid medical negligence claims
- Ensure Accurate and Timely Diagnoses: This may involve using evidence-based guidelines and diagnostic tools, encouraging second opinions in complex cases and providing adequate training on recognising early warning signs of critical conditions.
- Implement Robust Medication Safety Protocols: Examples include double-checking prescriptions and dosages, using electronic prescribing systems to reduce human error, and regularly reviewing patient medications to avoid contraindications.
- Enhance Surgical Safety: It is important to conduct thorough pre-surgical planning and post-surgical reviews and to provide comprehensive risk explanations to patients to ensure that informed consent is obtained.
- Communication: Plain, clear language should be used when discussing matters with patients and all communications and instructions should be documented clearly and accurately.
- Obtain Proper Informed Consent: Ensuring that patients fully understand their treatment options, associated risks and alternatives is vital. Patients’ concerns or questions should be addressed thoroughly. Discussions relating to consent should be documented.
- Maintain High Standards of Hygiene: This may involve adhering to infection control protocols. Where deficiencies are identified, these should be addressed. Staff and patients should be educated on preventing hospital-acquired infections.
- Prioritize Follow-Up and Aftercare: Timely follow-up appointments should be scheduled and recovery of patients monitored closely. Clear instructions should be provided to all staff involved in care during follow-up. Patients should be informed on how to report complications or concerns.
Medical negligence claims can be costly, both financially and in terms of reputational damage. They can also be stressful for the healthcare professionals involved. By addressing the common causes of claims and fostering a culture of safety, healthcare providers can improve patient outcomes and reduce the risk of litigation. Prioritising education, communication, and vigilance are key steps toward achieving this goal.
How to get in touch
If you think you may have a claim for medical negligence, we will be happy to discuss your case with you. Contact us today by completing our online enquiry form or call us on 0800 988 8082 and we will be happy to discuss your case with you
