Top 6 Mistakes Leading to Emergency Medicine Malpractice Claims

Approximately 75% of emergency physicians will be named in a malpractice suit during their career according to the Western Journal of Emergency Medicine. Amidst the urgency of treating acute conditions and managing emergencies, there are inherent risks of medical errors that can lead to malpractice claims. Understanding these common mistakes is crucial for emergency medicine providers to enhance patient safety, mitigate legal risks, and uphold the highest standards of care. Let’s delve into the top six medical mistakes that frequently result in emergency medicine malpractice claims.

1. Misdiagnosis or Delayed Diagnosis: Misdiagnosis or delayed diagnosis is a significant contributor to malpractice claims in emergency medicine. According to Clinical Reviews in Emergency Medicine, the majority of malpractice claims stem from high-risk diagnostic areas like chest pain/missed myocardial infarction, abdominal pain/appendicitis, intracranial bleeding, and pediatric fever/meningitis. Whether it’s overlooking critical signs and symptoms, misinterpreting diagnostic tests, or failing to consider alternative diagnoses, these errors can have serious consequences for patient outcomes and lead to allegations of negligence. To mitigate this risk, emergency medicine providers must prioritize thorough assessments, maintain a high index of suspicion for serious conditions, and seek timely consultations with specialists when necessary.
2. Improper Performance: Improper performance malpractice claims against emergency department physicians occur when patients experience harm due to substandard or negligent medical care. For example, failure to correctly treat a broken arm or properly repair a laceration could result in serious harm to the patient and may lead to malpractice claims. Ongoing education and training are essential to stay updated on best practices and minimize the occurrence of improper performance malpractice claims in the emergency department.
3. Medication Errors: Medication errors are another common source of malpractice claims in emergency medicine. Whether it’s administering the wrong medication, incorrect dosage, or overlooking drug interactions, medication errors pose significant risks to patient safety and can result in legal repercussions. To reduce this risk, Open Access Emergency Medicine’s study Strategies for reducing medication errors in the emergency department states that providers must have a deep understanding of each step of the medication-use process with strategies for ensuring accuracy at each step.
4. Failure to supervise or monitor case: Failure to supervise and monitor care in emergency room settings can lead to significant malpractice claims against physicians. When healthcare professionals fail to adequately oversee patient care or neglect to monitor vital signs and symptoms, it can result in delayed diagnoses, inappropriate treatments, or even life-threatening complications. Moreover, inadequate supervision of residents, nurses and other staff members providing treatment can exacerbate these risks, as it may lead to errors or lapses in care delivery. To mitigate the risk of malpractice claims, emergency room physicians must prioritize proper supervision of both patient care and staff, ensuring continuous monitoring and adherence to established protocols and standards of practice at all times.
5. No Medical Misadventure: As highlighted in BMC Health Services Research, “No Medical Misadventure” claims can result from physicians with minimal to no contact during the medical event or when there are legal concerns with equipment or even confidentiality issues. Lack of informed consent is another risky area. It’s extremely important to obtain informed consent when performing procedures and other treatments–and ensure that patients have the necessary information to make informed decisions about their care.
6. Documentation Deficiencies: Inadequate or incomplete documentation can leave providers vulnerable to malpractice claims, as it may obscure critical details about patient assessments, interventions, and decision-making processes. Emergency medicine providers must prioritize thorough and timely documentation of all relevant clinical information, including patient histories, assessments, treatments, and follow-up plans in order to mitigate legal risks and defend against potential claims of negligence. Find out more information about documentation best practices here.

Recap

Emergency medicine providers must be vigilant about the common medical mistakes that can lead to malpractice claims. By addressing these key areas of vulnerability, emergency medicine providers can enhance patient safety, minimize legal risks, and uphold the highest standards of care in their practice. Through ongoing education, training, and quality improvement initiatives, emergency medicine providers can navigate the complexities of their profession with confidence and integrity.