Medical Malpractice
The World Medical Association defines medical malpractice as follows: “Medical malpractice involves the physician’s failure to conform to the standard of care for treatment of the patient’s condition, or a lack of skill, or negligence in providing care to the patient, which is the direct cause of an injury to the patient.” The consequences of medical malpractice differ depending on the physician’s business relationship with the hospital and the legal relationship between the patient and the hospital.
A private hospital may rarely request from the physician to reimburse its damages arising from medical malpractice lawsuits filed against it. Moreover, medical malpractice cases may adversely affect a physician’s professional life, reduce their performance and lead to litigaphobia, which refers to extreme fear and anxiety in the face of lawsuits and courts.
Causes of Medical Malpractice, and Measures Against It
To prevent negative consequences for the patient, the doctor and the hospital, the first course of action is to identify the cause of medical malpractice and to determine the next steps. Medical errors arise from (i) human error, (ii) organizational error, and (iii) technical error.
In healthcare facilities, factors such as time constraints, stress, workload, failure to provide clear and complete information to patients, and information pollution raise the risk of medical malpractice. When an error is identified, the relevant factors must be improved before taking any further action. A physician should inquire the medical history (or anamnesis) appropriately before making a diagnosis and abstain from prescribing any drugs that might exacerbate the patient’s chronic conditions.
Since doctors must examine a lot of patients in a short amount of time due to the high demand for healthcare services, the patient’s medical history is frequently disregarded before the diagnosis and treatment. Restructuring hospital systems can address this issue by, for instance, organizing an initial meeting between the patient and the medical staff before the doctor’s appointment, or requiring the patient to fill out a form to specify their health concerns based on the department for which they have arrived.
Another key issue is to determine whether the clarification forms of pediatric patients must be prepared to be read by the child, or their parent/ guardian. Since these factors are critical to identify the appropriate treatment and risk levels, hospitals should be committed to make a list of priorities and inform the medical staff accordingly.
Efforts to eliminate diagnostic errors must also be extended to treatments, and the informed consent forms to be provided to patients regarding their treatment must be prepared specifically for them based on their concern, rather than providing the same form to everyone.
Informing Health Workers
Health workers must receive training to clearly explain the following to patients: the patient’s current state of health, the physician’s diagnosis, the type of treatment recommended by the physician, the treatment’s chance of success and duration, who will perform the treatment (and where, when, and how), potential risks, complications, any uncertainties, alternative treatment options and their advantages and disadvantages, the possible consequences of delaying or rejecting the treatment, the side effects of the prescribed drugs, and the living standards to be followed by the patient after the treatment.
The training must inform the health workers that not only the measures to be taken before the occurrence of a medical error but also the attitude towards the patient after the occurrence of a medical error affect the patient’s decision to pursue legal action against the medical malpractice that they have suffered. Health workers must be regularly informed about the management of patient relationships following a medical malpractice and their possible legal consequences. For the information provided during training to be functional at the hospital/healthcare center, the institution’s management should create an environment that will encourage health workers to report their medical errors without hesitation or fear of losing their jobs and/or being punished.
Medical malpractice, which refers to medical errors, can have irreversible consequences for the physician, the patient, and the hospital. Most of these errors can be eliminated with certain measures. In the United States, research shows that medical errors cost $37.6-50 billion, of which $17-29 billion is thought to be preventable. To prevent these errors or facilitate a healthy dialogue between the patient and the physician after the occurrence of an error, legal professionals and hospital/healthcare managers must cooperate systematically in an effort to minimize medical malpractice.