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Changing The Way The Medical Industry Processes Medical Errors

Posted by Andrew J. Barovick | Nov 28, 2014 | 0 Comments

Patients who become victims of medical malpractice rarely receive an acknowledgement of the mistake, or an apology , according to a new study by Johns Hopkins University School of Medicine. Apparently, only 9% of the patients who participated in the study said that the medical provider/facility voluntarily disclosed the mistake. When harm was disclosed, it was often because the provider was forced to do so. And only 11% of patients reported ever receiving an apology.

Evading responsibility and running from accountability are not doing the medical profession much good.  Instead, as studies like this one make the headlines again and again, consumer trust in doctors and hospitals is steadily eroding. Some of the more cynical care givers defend the burying of their errors by claiming that they will be sued if they are as forthcoming as they might like to be with their patients.  Except that self-serving approach is also self deluding. Believe it or not, many, if not most victims of medical malpractice don't need to be told that they have been victimized. They figure it out, either on their own, of after talking with friends and family members–some of whom may themselves work in the field of healthcare. And then they speak to a medical malpractice lawyer.

That this all-too-common scenario is so common is a shame.  Timely notification to patients who have suffered medical error could save them from the ravages of unrealized error, infection or contamination, and stop, or at least lessen the resulting harm.  Patients would likely not feel so angry, and inclined to sue, when they learn that their doctor did all he or she could, as soon as he or she could, to fix the mistake.  Having listened to hundreds of patients who have been injured while receiving medical care, the injury itself is only part of the calculus when it comes to bringing a lawsuit.  How they were treated afterward, and whether or not the mistake was acknowledged, are not only hugely significant–they can, and have made the difference between whether a claim is pursued, or not.

The moral here? Sometimes it's actually a good idea to follow your altruistic impulses.

About the Author

Andrew J. Barovick

Mr. Barovick is a graduate of Columbia College and Cardozo School of Law. He began his legal career at the Queens District Attorney’s Office, where he tried over 20 felonies to verdict, and argued an equal number of appeals before the Appellate Division, Second Department, the New York Court of Appeals and the United States Court of Appeals for the Second Circuit.

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REPRESENTATIVE VERDICTS & SETTLEMENTS:

$7.9 million dollars for infant client who suffered severe brain injuries due to post- delivery medical malpractice.

$500,000 wrongful death/medical malpractice settlement on behalf of patient brought to hospital emergency room with serious injuries who suffered complications while unmonitored and died.

$425,000 wrongful death/medical malpractice settlement during trial on behalf of senior hospital patient whose surgeon failed to timely address her worsening symptoms, resulting in her death.

$250,000 to young man whose physician failed to diagnose an impending torsion testicle, causing the loss of the affected testicle.

$200,000 to young mother whose OB/GYN failed to timely diagnose and treat her ectopic pregnancy, resulting in excruciating, long-term pain and the need for surgery to address the ectopic pregnancy once it was diagnosed.

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