The prospect of surgical negligence or doctor error is terrifying to most patients. The fact that several studies show simple errors in communication to be the root cause of a significant portion of medical malpractice cases does nothing to alleviate a patient’s—or their concerned loved ones’—worries. Understanding the statistics and the psychology of patient-provider relationships is crucial for anyone seeking justice after a hospital error.

The Statistics of Miscommunication

One analysis performed by CRICO Strategies  examined 23,658 medical malpractice cases from 2009 to 2013. They carefully investigated clinical and legal records and identified more than 7,000 cases where communication failures led to negative outcomes and harm to patients. Of those 7,000 cases, nearly 2,000 involved a fatality.

When patients ask, “issues with communication contribute to what percentage of errors?” the answer from this extensive study is a staggering 30 percent. This means nearly one out of every three malpractice claims is rooted in a failure to talk, listen, or document correctly.

Hospital Errors: The Various Forms of Miscommunication

Even a simple miscommunication or incorrectly filed document can result in catastrophic, life-changing errors. Unfortunately, communication errors can come in so many different forms that it has been a challenge to completely eliminate—or significantly reduce—this type of negligence. Situations that can lead to patient injury or a worsening condition can include:

  • Failure to provide clear documentation: Inadequate notes during patient transfers (handoffs) can lead to medication errors.
  • Referral Negligence: Failure to flag serious diagnostic findings when referring a patient to a specialist.
  • Laboratory Delays: Failure of the lab to communicate urgent results to the primary care physician in a timely manner.
  • Misinterpretation: Misunderstanding a patient’s reported symptoms or history due to rushed consultations.

Reducing the Risk: The Power of the Patient-Doctor Bond

While the numbers are grim, there is a psychological element that healthcare providers often overlook. Experts in the legal and medical fields agree that good communication reduces the likelihood a patient will bring a lawsuit even when a medical error is made. When a doctor is transparent, empathetic, and communicative about a mistake, patients are often more inclined to seek a resolution rather than a legal battle. However, when a hospital becomes defensive or silent following an error, it often forces families to seek a medical malpractice lawyer to get the answers they deserve.

The Urgency for Institutional Change

With communication failures being a factor in 30 percent of the malpractice cases examined in the CRICO analysis, it is vital that hospitals make necessary changes. From healthcare facilities to laboratories to staff shift turnover, greater care must be taken to ensure  the safety of patients. The fact that 1,744 deaths were attributed to communication errors during the five-year duration of the study should be eye-opening to healthcare providers and patients alike.

Seeking Legal Accountability

If you or a loved one has suffered due to a hospital’s failure to communicate or surgical negligence, you need an advocate who understands the nuances of medical records and hospital protocols.

KDLM has earned a national reputation for holding negligent medical institutions accountable. Our attorneys are dedicated to uncovering the truth behind the communication breakdowns that lead to tragedy.

Contact our New York medical malpractice attorneys today to discuss your case. Call (212) 618-6800 or contact us online for a confidential consultation.