In the growing and evolving healthcare field, providing clinical services involves many risks, responsibilities and complexities. While corporate healthcare providers and medical and allied healthcare professionals usually provide excellent care, the unfortunate reality is that errors, omissions and complications can occur, leading to complaints, claims, reputational damage and, most importantly, patient harm.
Common types of medical malpractice claims
Hospitals and clinics
Medical malpractice complaints and claims can manifest in various forms, each posing unique challenges.
Some of the types of medical malpractice claims related to hospitals and clinics arise from various situations, including:
- Misdiagnosis or delayed diagnosis
- Failure to accurately diagnose a medical condition or delays in diagnosis.
- Surgical errors
- Mistakes made during surgery include operating on the wrong patient or body part, leaving surgical instruments or other foreign bodies inside the patient and other procedural errors.
- Medication errors
- Mistakes in prescribing, dosage errors, administration errors or monitoring medications that lead to harm.
- Infections and preventable complications
- Failure to implement proper infection prevention and control measures or preventable complications during hospitalisation.
- Birth injuries
- Harm caused to the mother or infant during childbirth.
- Anaesthetic errors
- Mistakes in administering anaesthesia, including wrong or inadequate technique, dosage errors or failure to monitor the patient properly.
- Failure to obtain informed consent:
- Not adequately informing patients about the risks, benefits and alternatives before medical procedures.
- Communication issues
- Insufficient communication with the patient regarding the treatment plan, progress or any changes in the approach, particularly when an unexpected event occurs.
- Failure to identify and escalate a deterioration in the patient’s condition.
- Failure to follow standard protocols and guidelines without good reason.
- Emergency room errors
- Misdiagnosis, treatment delays or triage errors.
- Patient abandonment
- When a healthcare professional abruptly ceases treatment without arranging a suitable replacement, leading to harm.
- Inadequate follow-up or aftercare
- Failing to provide proper post-treatment care, which results in harm to the patient.
- Laboratory
- Mistakes in handling, analysing or reporting laboratory test results.
- Lost results.
- Radiology
- Misinterpretation of medical imaging results or errors in conducting and reporting other radiological studies.
- Dental
- Negligence by dentists, dental hygienists or oral surgeons, leading to harm during dental procedures.
- Occupational therapy
- Mistakes during occupational therapy sessions that result in patient harm.
- Ambulance, paramedic or emergency medical technicians
- Mistakes made by emergency medical personnel during transport or in providing emergency care.
Mental health facilities
Some of the types of medical malpractice claims related to mental health facilities arise from various situations, including:
- Failure to provide adequate care
- Neglecting the mental health needs of patients, leading to harm or worsening of conditions.
- Misdiagnosis or improper treatment
- Incorrectly diagnosing a mental health condition or providing inappropriate treatment that causes harm.
- Medication errors:
- Mistakes in prescribing, administering or monitoring psychiatric medications, leading to adverse effects.
- Inadequate supervision
- Failing to adequately supervise patients, especially those at risk of self-harm or harm to others.
- Violations of patient rights
- Breaching patient confidentiality, engaging in abusive practices or violating other patient rights.
- Deprivation of Liberty Safeguards (DoLS) – where patients who cannot consent to their care arrangements in a care home or hospital are protected if those arrangements deprive them of their liberty.
- Failure to prevent suicides or self-harm
- Neglecting to implement effective measures to prevent suicides or self-harm within the facility.
- Lack of informed consent
- Failing to obtain proper informed consent before initiating specific mental health treatments or interventions, especially when mental capacity is in doubt.
- Communication issues
- Insufficient communication with the patient regarding the treatment plan, progress, or any changes in the approach.
Allied healthcare professionals
Some of the types of medical malpractice claims related to allied healthcare professionals and common issues may include:
- Nursing
- Mistakes made by nurses, such as medication administration errors, inadequate monitoring or failure to follow proper procedures.
- Physical therapy
- Errors during physical therapy treatment that result in harm to the patient.
- Pharmacy
- Mistakes made by pharmacists, including dispensing the wrong medication or dosage.
- Physiotherapy
- Inadequate assessment
- Failing to thoroughly assess the patient's condition, leading to incorrect diagnoses and treatment.
- Improper treatment techniques
- Using incorrect or unsafe physiotherapy techniques that result in patient harm.
- Failure to obtain informed consent
- Neglecting to inform the patient about the risks, benefits and alternatives of specific physiotherapy procedures before initiating treatment.
- Misdiagnosis
- Incorrectly diagnosing the patient's condition can lead to inappropriate or ineffective treatment.
- Lack of supervision
- Failing to provide adequate supervision, especially if the physiotherapy session involves exercises or techniques that pose risks.
- Communication issues
- Insufficient communication with the patient regarding the treatment plan, progress or any changes in the approach.
- Poor record-keeping
- Inaccurate or incomplete documentation of patient records can impact the quality of care.
- Inadequate assessment
Recruitment companies and professionals
Some of the types of medical malpractice claims related to recruitment companies might involve:
- Negligent hiring:
- Failing to vet and hire qualified healthcare professionals properly leads to potential patient harm.
- Misrepresentation
- Providing inaccurate information about the qualifications or experience of healthcare professionals during the recruitment process.
- Inadequate training
- Failure to provide sufficient training or orientation to healthcare professionals, leading to errors in patient care.
- Failure to verify credentials
- Neglecting to verify healthcare professionals' educational and professional credentials before placing them in positions.
- Lack of supervision
- Failing to adequately supervise healthcare professionals once placed in positions, potentially leading to substandard care.
Care and residential homes professionals
Some of the types of medical malpractice claims related to care and residential homes might involve:
- Negligent care
- Providing substandard care that leads to harm or injury to residents.
- Medication errors
- Medication administration mistakes, including dosage errors or providing the wrong medication.
- Neglect
- Failing to provide necessary medical attention, hygiene, nutrition, or assistance with daily living activities.
- Failing to prevent or treat pressure ulcers (bed sores).
- Failure to prevent falls or injuries
- Negligence in implementing measures to prevent accidents or injuries within the care home.
- Abuse
- Physical, emotional or financial abuse of residents by staff members or other residents.
- Infections and disease control
- Failure to implement proper infection control measures, leading to the spread of infections among residents.
- Inadequate supervision
- Not providing adequate supervision, especially for residents with specific health needs or conditions.
Private ambulances
Some of the types of medical malpractice claims related to private ambulances may involve various situations:
- Delay in response or transport
- Failing to respond promptly to an emergency call or delays in transporting a patient to a medical facility.
- Inadequate assessment and treatment
- Negligence in assessing a patient's condition or providing appropriate medical care during transport.
- Medication errors
- Mistakes in administering medications during transportation, including dosage errors or providing the wrong medication.
- Failure to stabilise
- Neglecting to stabilise a patient's condition before or during transport, leading to further harm.
- Communication errors
- Mistakes in communication between ambulance personnel and medical facilities result in patient care errors.
- Equipment malfunctions
- Issues arising from malfunctioning or improper use of medical equipment in the ambulance.
- Negligent driving
- Accidents or injuries caused by the negligent driving of the ambulance.
Medical tourism
Some of the types of medical malpractice claims related to medical tourism may involve various situations:
Medical malpractice claims in the context can present unique challenges due to differences in healthcare standards, legal systems and potential jurisdictional issues. Typical issues may include:
- Misdiagnosis or substandard care
- Receiving a misdiagnosis or substandard medical care during treatment abroad.
- Surgical errors
- Mistakes made during surgical procedures performed in another country.
- Communication issues
- Misunderstandings or lack of effective communication between healthcare providers and patients due to language barriers.
- Postoperative complications
- Inadequate postoperative care leading to complications or health issues after returning home.
- Lack of informed consent
- Failure to provide comprehensive information about the risks and benefits of procedures before they are performed.
- Infections
- Contracting infections due to inadequate hygiene or healthcare practices in a foreign medical facility.
- Legal complexities
- Challenges related to pursuing a medical malpractice claim across international borders involving different legal systems and standards.
Impacts on patients, corporate healthcare providers and medical and allied healthcare professionals
Healthcare professionals
Medical malpractice can trigger feelings of guilt, self-doubt and stress among healthcare providers and poses a significant professional and ethical challenge. Beyond the immediate distress, these incidents can impact the practitioner's professional reputation, erode patient trust and lead to legal repercussions. The effects on the professional(s) involved can be profound, leading them to become the ‘second victim’.
Errors underscore the critical need for rigorous adherence to:
- Excellent patient safety governance framework
- Excellent clinical governance frameworks
- Establishing a good culture of safety among staff
- Established protocols and guidelines
- Ongoing training
- Commitment to continuous improvement
Embracing a culture of transparency and learning from errors is essential for fostering patient safety and maintaining the trust essential to the medical profession.
Patients
Medical malpractice can have profound and lasting impacts on patients and their families as they often endure physical harm, ranging from prolonged pain and complications to irreversible disabilities or, in the most tragic cases, death. The impacts of medical malpractice extend far beyond the initial healthcare incident and include struggles such as:
- Emotional trauma
- The financial burden of medical and rehabilitation costs
- Pursuing legal action against healthcare providers
- Ongoing medical care co-ordination between various healthcare professionals
- A strain on family dynamics
- Navigating disability services
- Social isolation
- Seeking mental health support
Ultimately, the effects of medical malpractice on patients emphasise the fundamental need for a robust process for healthcare professionals that prioritises patient safety, transparent communication and accountability to mitigate the occurrence and consequences of such unfortunate events.
The right insurance coverage matters
The MPLC is a leading provider of international Medical Professional Liability insurance.
Healthcare worldwide is becoming increasingly complex, with a clear trend towards greater regulation and litigation. For healthcare institutions and professionals, the right level of tailored Medical Professional Liability insurance is more essential than ever. As affiliate members of the Medical Professional Liability (MPL) Association, we are recognised as one of the world's leading providers of international (non-US) medical professional liability insurance.
Our management and claims team has over 80 years of combined experience in providing Medical Professional Liability insurance and they have a proven track record with an international reputation for quality. Our team includes experienced underwriters, in-house lawyers and a doctor. We are able to draw on a wealth of international knowledge and medico-legal expertise, including a partnership with Kennedys Law LLP, which provides our clients with 24-hour legal help and an excellent claims-handling procedure.
Why choose The MPLC?
- We have a reputation for delivering quality insurance solutions to healthcare professionals and institutions in various countries.
- We leverage a wealth of international knowledge and medico-legal expertise to ensure our policies meet the evolving needs of the healthcare industry.
- Through our partnership with local legal experts, our clients can access 24-hour legal assistance, offering timely support in navigating complex legal challenges.
- Our commitment to excellence extends to our claims handling service, providing efficient and effective support to our clients during the claims process.
Our Medical Professional Liability policies are designed to cover legal liabilities arising from complaints and claims against corporate healthcare providers and healthcare professionals. Offering 24/7 legal assistance and the security of a policy underwritten by certain syndicates at Lloyd’s of London affords our clients a comprehensive insurance solution.
Please find out more about our tailored cover or email us at info@the-mplc.com.