A significant percentage of malpractice claims against physicians are based on the misdiagnosis of a patient. Patients may suffer devastating consequences if they are misdiagnosed. A doctor might make a wrong diagnosis if they are careless, don't pay attention, or don't use good judgment.
In addition to improper diagnosis, another common reason for malpractice lawsuits is failure to properly document a patient's condition. Inadequate documentation, such as not documenting diagnostic processes in electronic health records (EHRs), can result in a malpractice lawsuit. Patients often rely on their doctors' knowledge and experience and expect them to provide them with accurate medical advice. Incorrect diagnoses can lead to unnecessary treatment and potentially harmful side effects. In order to successfully sue a physician for malpractice, the plaintiff's lawyers must prove that the physician failed to adhere to the appropriate standard of care.
Incorrect or inappropriate use of anesthesia is another common cause of malpractice suits. Incorrect anesthesia can cause a patient to develop allergic reactions or even die. A physician's failure to take a complete medical history or review a patient's allergy report can also lead to a malpractice suit. Medical equipment that malfunctions or is defective may also be the cause of malpractice suits against physicians.
Although it is rare for a malpractice lawsuit to be straightforward, it is important to understand that doctors are required by law to keep detailed records of every patient's treatment. If these records are incomplete, they may lack sufficient rationale for critical decisions and may also contain errors, omissions, or questionable alterations. Evidence of altered records is almost always enough to win a malpractice suit.
Diagnostic errors are another common cause of medical malpractice. In some cases, a delay in diagnosis results in malignancy or cancer that was not detected in time. If this is the case, it may be impossible to cure the patient, causing the malignancy to progress.
Failure to treat a patient violates the standard of care. This can include failing to prescribe the correct medicine, failing to provide instructions for follow-up care, or ordering medical tests or procedures that were not necessary. In addition, a physician's prescriptions should be properly documented.
When a patient is unable to pay their medical bills in full or is unable to find an appropriate alternative, they may file a lawsuit to seek compensation. This action allows patients to obtain compensation for any pain and suffering caused by negligent care by a doctor or hospital. Furthermore, a patient's family members may benefit from a payment plan with a physician.
While the majority of malpractice suits against physicians arise from patient injuries, many cases are based on medical errors.
For example, a physician may fail to diagnose a patient's condition or perform an operation on the wrong leg. This is considered medical malpractice and should be investigated.
Another common cause of litigation is a physician's failure to communicate with a patient. Physicians should explain the potential risks and possible outcomes of treatments. Patients should sign a release form indicating their understanding of the risks and the expected outcomes of a certain procedure. Without proper communication, this form will be rendered useless.
Medication errors cause 7,000–9,000 deaths every year, according to the Centers for Disease Control and Prevention. These errors are often the result of a physician not obtaining a complete medical history. A physician may also fail to order appropriate tests, miss a drug-drug interaction, or administer the wrong medication. In some cases, a physician may fail to diagnose a patient's symptoms, causing them to get worse.