Misdiagnosis a Leading Cause of Medical Malpractice Claims, Studies Show

By | July 30, 2019

A peer-reviewed paper published in Diagnosis on July 11 found that inaccurate or delayed diagnoses were cited in 34% of medical malpractice claims where the patient died or was seriously disabled. In 65% of those claims, the diagnosis error led to death or permanent disability. Moreover, claims caused by diagnosis errors made up 28% of all payouts, according to the study.

Lead researcher David Newman-Toker, a neurology professor at Johns Hopkins University, said the research confirms previous studies that showed the scope of the problem.

“Diagnostic errors are the most common, most catastrophic and most costly of medical errors,” Newman-Toker said during a webcast announcing the study.

The study, funded by the Society to Improve Diagnosis in Medicine, reviewed 55,377 closed medical malpractice claims filed from 2006 to 2015 and identified 11,592 that alleged diagnostic errors. Of those diagnosis-related claims, nearly three quarters (74.1%) were attributable to three types of conditions: cancer, vascular events such as strokes or heart attacks, and infections.

But those conditions were missed in some institutions more than others. The study found that in outpatient clinics, cancer was the most frequently missed diagnosis. In emergency departments and in hospital inpatient settings, vascular problems were the most common condition cited in malpractice claims.

Newman-Toker said the study breaks new ground in identifying specific areas where medical facilities can focus their efforts in reducing errors.

“Although diagnostic errors happen everywhere, across all of medicine, in every discipline with every disease, we might be able to take a big chunk out of this problem and save a lot of lives and prevent a lot of disability if we focused some energy on tackling these problems,” he said.

Newman-Toker said federal spending on research to prevent misdiagnosis doesn’t match the severity of the problem. He said the society estimates federal agencies spend less than $10 million on research to prevent misdiagnosis, “several orders of magnitude” less than what is needed.

ER Cases

A separate research report released in late June by medical malpractice insurer Coverys focused specifically on malpractice claims caused by diagnosis errors at hospital emergency departments. That white paper — a part of its Dose of Insight series — found that diagnosis-related claims made up 47% of malpractice claim payouts by emergency departments and 33% of the total of claims number filed. The diagnosis was the most common root cause of emergency department claims, the paper says.

“Emergency room settings are high-pressure, fast-paced environments,” said Solveig Dittman, a senior risk specialist for Coverys. “It’s easy to let communications drop a little bit when you are called into another situation in a fast manner.”

More than 50% of inpatient hospital admissions begin in the emergency department, the Coverys white paper says. The patient’s experience there “is analogous to the first domino a chain of falling dominos.”

To prevent errors, Coverys recommends that emergency departments focus on:

  • The patient history and physical examination, which was an issue in 33% of claims.
  • The diagnostic decision making process, a factor in 52% of claims.
  • Ensuring that patient evaluation is ongoing throughout the episode of care.

Dittman said the experience of television actor John Ritter in 2003 shows how badly things can go wrong when a patient is misdiagnosed. She said Ritter’s physicians did not take a family history and missed that he was suffering from a ruptured aortic aneurysm. Ritter, only 54 at the time, died as a result. Providence St. Joseph Medical Center in Burbank, California paid a $9.4 million settlement to Ritter’s family, according to news reports.

To prevent errors, emergency departments should enact and enforce strict protocols for physicians, Dittman said. They should develop a policy to require that specific elements of the patient’s and family’s medical history are documented. A template can be used to serve as a checklist.

Patients who are left waiting in the emergency room are also a frequent source of claims, said MaryAnn Small, a registered nurse for Coverys and one of the authors of the report. While every emergency department performs triage to ensure that the most seriously sick or injured patients are treated first, sometimes medical providers forget to check in with the patients to ensure their condition has not changed, she said.

The “communication hand-off” is another key area of concern. Emergency room doctors are often called away after a patient is stabilized. Dittman said in those instances, they must remember to brief the incoming caregiver on the current situation, the background, an assessment of the situation and a recommendation for care. Military organizations use an acronym to describe the process: SPAR, for situation, problem, action, report.

“If people remember those four things, it’s far less likely that you are going to miss something,” Dittman said.

Topics Claims Medical Professional Liability

About Jim Sams

Sams is editor of ClaimsJournal.com, the online resource and daily newsletter for property/casualty insurance claims professionals. ClaimsJournal is a member of the Wells Media Group. Sams can be reached at jsams@wellsmedia.com More from Jim Sams

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  • July 30, 2019 at 10:23 pm
    diagnosis conundrum says:
    My neighbor kept having lower chest pains. He ended up in the ER but they could not find anything so they sent him home. Then a few days later it came back again and his wif... read more
  • July 30, 2019 at 2:16 pm
    Andrew G. Simpson says:
    Thank you for pointing out the error.
  • July 30, 2019 at 1:01 pm
    checkyourfacts says:
    from article: "Newman-Toker said federal spending on research to prevent diagnosis doesn’t match the severity of the problem. He said the society estimates federal agencies ... read more

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