Can You Hear Me Now? Medical Malpractice and Miscommunication
If you or a loved one is injured by the negligence of a medical professional or healthcare organization, you may have the basis for a medical malpractice case. A recent study found that miscommunication by professionals could be a significant cause of patient injuries. Something as simple as being distracted during a conversation or a poorly written note could result in a life-threatening situation.
Poor communications by health care workers were a factor in a quarter of hospital patient incidents that put people in danger, researchers reported in an Annals of Internal Medicine article. They also estimate that just miscommunication caused patient endangerment in about 10% of cases. Situations included medication errors and mistakes that caused health-threatening events or what are considered near-misses.
“Poor communication is a substantial cause of patient safety incidents,” the research team, led by Jeremy Howick, a professor at the University of Leicester Medical School in the U.K., concluded. Miscommunications occur between healthcare professionals and with patients.
Researchers examined the results from 46 studies published from 2013 to 2024, involving nearly 68,000 patients from North and South America, Asia, Europe, Africa, and Australia.
Results showed that poor verbal, written, electronic, and non-verbal communication was a factor in a quarter of cases where patient safety was threatened. Researchers cited particular incidents in the article, including the following:
- A doctor accidentally turned off a heart medication drip while attempting to silence a beeping pump. The doctor didn’t tell the nurse the drip was stopped. The patient later developed a dangerously rapid heartbeat
- A patient died after a nurse failed to tell a surgeon the patient had abdominal pains and a low red blood cell count after surgery, which are symptoms of internal bleeding. The undetected hemorrhage that later killed the patient was preventable
The study authors stated that more research is needed to determine why such poor communication exists and how it can be improved to protect patients.
How Would Poor Communication Factor into a Medical Malpractice Claim?
Miscommunication by healthcare professionals can lead to a negligence/malpractice claim if it results in actions or failures to act that breach the standard of care and cause the patient harm. Issues that could come up include the following:
- Healthcare professionals have a legal obligation to communicate effectively with patients and colleagues as part of providing competent care
- A breach occurs if a provider fails to meet acceptable levels of communication
You must establish the legal and factual connection between the communications breakdown, the injury you suffered, and the physical, mental, and financial harm that resulted.
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How Would Miscommunications Cause You Harm?
A lack of or mistaken communication may lead to harm, creating the grounds for insurance and legal claims against responsible parties. Some circumstances where this may occur include the following:
- If your doctor fails to adequately explain the potential benefits, risks, and alternatives of treatments, you may not make an informed decision. You may have a malpractice claim if you suffer a foreseeable side effect that would not have resulted because you would’ve refused the treatment had you known about it
- Breakdowns in communication among staff can cause any number of problems, depending on your health and how you’re being treated. You may be given the wrong medication or dosage, not be told your diagnosis, or suffer from delayed or incorrect treatment
- If your healthcare provider doesn’t clearly explain post-treatment care, medication instructions, or danger signs to watch for, there’s a good chance you’ll suffer complications. You may not take enough medication for it to be effective, or so much that it causes serious adverse side effects
- A delay or failure to communicate essential test results can delay treatment long enough to result in your condition progressing or the development of additional side effects
- Incomplete or unclear documentation of your condition and treatment can cause improper care
- If English isn’t your first language and you don’t fully understand it, the failure to provide adequate interpretation can result in misunderstandings. You may be unable to make fully educated decisions about whether to get treatment, and if you do, which one is right for you
Healthcare isn’t a static, single event. It’s a long chain of interactions and decisions that can’t fully and safely help you without effective communication involving many people along the way.
Contact Us Today
The Fleck Firm is here to help you. Our office is in the Cool Springs shopping center on Ring Road. We represent many residents of Western and Central Kentucky and all across the Bluegrass.The law limits how long you have to file after your injury. If you have been injured in a car accident, a slip and fall, a boating accident, or due to medical malpractice, contact The Fleck Firm today.
