Staff Miscommunication or Inattention
Effective communication and attention to detail are critical characteristics for health care professionals. When a patient’s life is on the line, a single miscommunication or oversight in care can be detrimental. Adverse patient outcomes due to hospital staff inattention or poor communication can lead to a medical malpractice claim in Albuquerque, depending on the circumstances.
Miscommunication in Health Care By the Numbers
Studies of adverse patient outcomes in health care settings have found that a large percentage of injuries and deaths are caused by communication errors made by hospital or emergency room staff members. One study from the National Library of Medicine found that an estimated 80 percent of serious medical errors are caused by miscommunication during patient handoff.
An investigation of 23,000 medical malpractice lawsuits by CRICO Strategies also found that more than 7,000 of the suits were attributed to communication failures among medical staff – resulting in more than 2,000 deaths and $1.7 billion in malpractice costs.
What Is Staff Miscommunication and Inattention?
Miscommunication in a hospital or health care setting describes doctors, nurses, surgeons and other medical personnel failing to clearly communicate critical information to each other about a patient, as well as to the patient about his or her medical care. Inattention refers to a lack of proper attentiveness and consideration in terms of patient care.
Examples of these issues include:
- A nurse failing to relay a patient’s complaints or symptoms to a doctor.
- Calls and messages from a patient to a doctor getting ignored, lost or deleted.
- A recordkeeper making data-entry errors that lead to misinformation in a patient’s file.
- A doctor failing to receive or reference a patient’s lab results.
- Failing to properly transition the care of a patient to the next clinician.
- Failing to use a translator to overcome language barriers between a patient and physician.
- Ignoring or failing to follow up on abnormal test results.
- Overlooking a patient’s concerns, complaints or a presentation of symptoms.
A lack of communication, unclear explanations and misunderstandings among medical staff members can lead to dangerous gaps in a patient’s health care and related adverse patient outcomes, including misdiagnosis, failure to diagnose, failure to treat, medication mistakes, emergency room errors, unnecessary tests and procedures, anesthesia or surgical mistakes, and birth injuries.
What Are the Proper Medical Standards of Communication?
While there is no law that lays out specific rules for medical team communication, there is a general requirement for health care providers to transfer information in an effective manner. Medical professionals must know how to effectively communicate with their patients, as well. Unfortunately, there is no standardized practice for communication or consultation that is consistently used among medical professionals. This puts patients at risk of dangerous medical errors.
Medical practitioners have a legal and ethical responsibility to communicate important medical advice among their team members and to patients in a manner that ensures that what is communicated has been understood. This may involve giving clear explanations of medical terminology, listening to the patient’s concerns and answering any questions, reassuring the patient, and using modern technologies to assist in communication among the staff.
Why Do Miscommunication and Inattention Happen in Health Care?
Issues with communication in patient care are generally preventable. Health care providers should incorporate systems and procedures that create a cohesive experience for the patient and do not allow any data or information to get lost or misconstrued. Common problems that should be addressed to ensure proper communication and attention include:
- Ineffective medical center protocols and procedures
- Lack of proper staff member training
- Staff members with poor communication skills
- Hospital understaffing
- Overworked or fatigued health care workers
- Rushed or hurried patient care/handoffs
- Language barriers
- Inadequate documentation
- Staff member conflicts
- A lack of technology at the hospital
While some medical errors are accidents that even a reasonable and prudent health care provider might have made under the circumstances, others constitute the tort of medical malpractice under New Mexico law. If the doctor or staff member should have done more to prevent a patient’s harm or death, a claim could be brought against the hospital or an individual practitioner.
How to File a Claim for Inattention or Failure to Communicate in a Medical Setting
Any health care provider could face a medical malpractice insurance claim or lawsuit in New Mexico. This includes a hospital, emergency room or surgical center, as well as individual physicians and practitioners. It is often possible to hold a hospital vicariously liable for the negligence of its staff members.
The New Mexico Medical Malpractice Act gives wronged and injured patients the right to pursue damages, or financial compensation, from medical providers who are negligent in providing care. If a poor health outcome is connected to a health care provider’s failure to communicate or pay attention to a patient’s needs, this can be grounds for a medical malpractice claim.
In New Mexico, a malpractice action must pass through a medical review commission before it can proceed to court. The victim or plaintiff must present information to a qualified panel, including a description of the malpractice event, along with testimony from a medical expert. Only after the panel agrees that there is “substantial evidence” that malpractice occurred and that the patient was injured as a result can the claim continue.
Are You a Victim of Hospital Staff Miscommunication or Inattention? We Can Help
Medical malpractice lawsuits in New Mexico are known for being complex legal undertakings, with complicated laws and procedures surrounding them. The most effective way to file a claim and protect your rights as an injured patient is by hiring an experienced medical malpractice attorney to represent you.
An attorney can thoroughly investigate your malpractice claim to search for evidence of medical negligence, including signs of inattention or dangerous communication failures among staff members. Then, your lawyer can take care of the confusing paperwork needed to initiate a claim or lawsuit in your city while you focus on recovering from your injuries or illness.
Your lawyer will fight for fair damages for your medical costs, lost wages, pain and suffering, the wrongful death of a loved one, and any other losses you suffered due to medical malpractice. If necessary, an attorney can bring your case to trial in New Mexico to fight for justice and maximum compensation from a negligent health care provider.
If you’ve recently been injured by hospital staff miscommunication or inattention in Albuquerque, contact The Fine Law Firm for a free and confidential case review.