Medical encounters don’t always have expected outcomes, leading to concerns about potential errors. This article clarifies the distinctions between terms used to describe unfavorable healthcare outcomes, providing a clearer understanding for individuals navigating medical care.
Understanding Key Terms
A “medical error” is a broad term encompassing any preventable adverse event in healthcare that may lead to inappropriate medication use or patient harm. This can involve a healthcare provider choosing an unsuitable method of care or improperly executing a correct method. Medical errors are preventable human errors within healthcare.
“Medical negligence” is a more specific type of medical error. It occurs when a healthcare professional deviates from the accepted “standard of care,” which is the level and type of care that a reasonably competent and skilled professional in the same field would have provided under similar circumstances. This deviation results in injury to the patient.
“Medical malpractice” is the legal term for professional negligence by a healthcare provider that causes harm to a patient. It is a subset of medical negligence that has proceeded through a legal process. While all medical malpractice cases involve negligence, not all instances of negligence lead to malpractice claims, especially if no injury occurred or if the negligence cannot be legally proven.
Differentiating Errors from Malpractice
Not every undesirable outcome or complication qualifies as medical malpractice; a poor outcome does not automatically mean a medical provider was negligent. Medical malpractice specifically occurs when a healthcare professional’s actions, or failure to act, do not meet accepted medical standards and directly cause harm to the patient.
To establish a case of medical malpractice, four elements must be proven:
Duty of care: A professional relationship existed where the healthcare provider was responsible for the patient’s care.
Breach of duty: The healthcare professional failed to adhere to the accepted standard of care.
Causation: The breach of duty directly caused the patient’s injury.
Damages: The patient suffered actual harm or loss as a result of the negligence, such as physical injuries, emotional pain, or financial losses.
Without demonstrable injury, even if a mistake occurred, it may not constitute a valid malpractice claim.
Common Clinical Scenarios
Medical errors can manifest in various ways throughout patient care. Diagnostic errors represent a significant category, encompassing misdiagnosis, delayed diagnosis, or a complete failure to diagnose a condition. Such errors can lead to inappropriate or delayed treatment, impacting patient outcomes. For example, failing to accurately and timely diagnose a patient’s condition can constitute a diagnostic error.
Treatment errors are another frequent type, including surgical errors, medication errors, and anesthesia errors. Surgical mistakes might involve operating on the wrong body part or leaving foreign objects inside a patient. Medication errors can range from administering the wrong drug or incorrect dosage to overlooking harmful drug interactions. Anesthesia errors, though less common, can have serious consequences due to their impact on vital functions.
Errors can also occur in post-operative care, such as negligent follow-up or a failure to adequately monitor a patient’s recovery. This includes inadequate observation for complications or insufficient instructions for at-home care. Communication failures among healthcare team members or between providers and patients can also contribute to errors, leading to misunderstandings about care plans or medication regimens.
Steps After a Suspected Error
If an individual suspects a medical error has occurred, gathering information is a first step. This involves collecting all relevant medical records, including physician’s notes, test results, and treatment plans. Personal notes regarding the timeline of events, symptoms, and discussions with healthcare providers are valuable.
Communicating concerns directly with the healthcare provider or the hospital’s patient relations department can sometimes resolve misunderstandings or provide clarification. Hospitals often have internal review processes for patient safety events. Seeking an independent medical review from another healthcare professional can offer a second opinion on the care received and help assess whether the standard of care was met.
Consulting with an attorney specializing in medical malpractice is advisable to understand legal options. An attorney can assess the specifics of the case and determine if the elements required for a malpractice claim are present. Reporting the incident to state medical boards or hospital quality assurance departments is also an option.