A new report by the consumer advocacy group Public Citizen, The 0.6 Percent Bogeyman highlights how efforts to further “reform” the tort system should really be spent on improving the quality of care to reduce the number of preventable medical mistakes.

While the payments and frequency of medical malpractice lawsuits have plummeted, Public Citizen points out that there has been no actual measurable increase in medical safety. The report demonstrates that the financial impact of medical malpractice has been overinflated in an effort to further limit individual’s access to the courts.

In the introduction to their report, Public Citizen states:

The number of malpractice payments in 2008 was the lowest since the creation of the federal government’s National Practitioner Data Bank, which has tracked medical malpractice payments since 1998. This was not an aberration. Last year was the third consecutive year in which the number of medical malpractice payments sunk to an all-time low. The cumulative value of malpractice payments (as distinct from the number of payments) in 2008 was either the lowest or second-lowest on record, depending on how one adjusts for inflation.

Medical malpractice litigation’s share of overall health care costs, which always has been minuscule, has fallen to less than 0.6 percent even under the most liberal definition. This figure encompasses insurance companies’ overhead and profits, as well as their litigation costs and the sum of actual payments made to victims. Actual medical malpractice payments have fallen to less than 0.2 percent of all health costs – the lowest level on record.

State and federal policy makers should not take comfort in the declines in medical malpractice litigation. Rather than pointing to safer medical care, the reduction in payments almost certainly means that there are ever more malpractice victims not receiving compensation – and fewer incentives for doctors and nurses to reduce errors.

While patients are not able to do much to completely avoid a misdiagnosis or medical mistake, there are steps that can be taken to help reduce the risk. Last month, CNN outlined several steps that patients can take to help their doctors help them.

1. Provide the doctor with a list of all medications at the time of the visit.

Although a doctor may have your medical file, records may not always be complete or easy to review quickly. Arriving at your doctor’s office with a complete list of every medication you are taking will help save time and ensure that no medications are overlooked.

2. Maintain an updated family medical history.

Many diseases and medical conditions are hereditary, or found to be more common in some families. With knowledge of your relatives’ medical history may help the doctor recognize symptoms or lead to additional tests that may help them reach a diagnosis.

3. Bring recent test results and medical records with you.

With many doctors referring patients to different specialists, it can be difficult for doctors to stay updated about all tests and examinations. Bring a copy of any medical records, including x rays and notes written by other physicians.

4. Come prepared with a list of questions to ask your doctor.

Anxiety and nervousness could cause patients to forget questions they planned to ask their doctor. Writing down a list of questions or concerns before you arrive can help the doctor recognize possible symptoms or side effects of a larger problems.

5. Don’t direct questions about insurance or payments to the doctors.

Many doctors are not the best person to answer questions about which procedures are covered by insurance plans or what copayments are. With the limited time doctors have set aside for each patient, it is better to ask questions which do not have an impact on the medical care to the appropriate staff member.

MEDICAL MALPRACTICE ATTORNEYS

Doctors are trusted to provide the proper standard of medical care to every patient, every time. Although patients can help doctors do their job by being prepared to provide accurate and complete information, it is the doctors responsibility to make sure that symptoms are recognized and that appropriate follow up tests or referrals to specialists are ordered when they are necessary.

The medical malpractice attorneys at Saiontz & Kirk, P.A. represent individuals who suffer severe and permanent injuries caused by a misdiagnosis or failure to diagnose. To review the circumstances surrounding a potential claim, request a free consultation and case evaluation.

The study, known as the “2007 Emergency Department Pulse Report: Patient Perspectives on American Health Care,” reviewed the amount of time spent in the emergency room for 1.5 million patients at 1,500 different hospitals.  The average time spent in hospital emergency departments has gone up 18 minutes nationally since 2005, and states with larger metropolitan areas tended to rank worse.  The longer wait time in emergency rooms is directly related to the number of patients seen, with the average time increasing by about 30 minutes for every 10,000 additional patients seen annually. 

Many people go to hospitals for ailments that could be treated outside of the emergency department, such as a primary care physician or urgent care center.  However, emergency rooms are often the first option for treatment, especially in hospitals that serve urban populations.

More time in the emergency room can increase the risk of a diagnosis made too late or incorrectly, which can lead to a serious injury.  When doctors and nurses are presented with more patients than they are capable of treating, each individual patient may be rushed and not given the time needed to provide necessary treatment.  A prior report regarding medical malpractice lawsuits found that nearly 52% of lawsuits filed against hospitals involved delayed diagnosis, failed diagnosis or misdiagnosis in an Emergency Room setting. 

>>INFORMATION: Medical Malpractice Lawsuits

The medical malpractice lawyers at Saiontz & Kirk, P.A., represent those who have suffered from a medical mistake or misdiagnosis throughout the United States.  Although cases are investigated in all states, our main offices are based out of Maryland, which was one of the worst performing states.  Maryland ranked 45th nationwide, with an overage of 277 minutes spent by patients in emergency rooms.

If you, a friend or family member was injured or harmed by a medical mistake or missed diagnosed, request a free claim evaluation.

The study was published last month in the Annals of Internal Medicine.  The researchers found that the most common diagnosis errors occurred in office settings, usually involving simple mistakes by primary care physicians.

Records from medical malpractice lawsuits throughout the United States between 1984 and 2004 were evaluated for the study.  Researchers found that nearly 60% of misdiagnosis errors resulted in serious injury for the patient and 30% lead to death.

The preventable medical mistakes frequently involved the misdiagnosis of cancer.  The most common forms of cancer which were not properly diagnosed included breast cancer and colorectal cancer.

>>INFORMATION: Cancer misdiagnosis

Factors which were otten found to contribute to diagnosis errors  included:

• delays in requesting tests
• failure to follow up on adverse findings
• failure to recognize symptoms of the condition
• lack of knowledge
• failure to obtain an adequate history
• failure to complete a thorough physical examination
• incorrect interpretation of tests
• poor exercise of judgment
• memory lapses
• failure to follow through with recommendations or treatment plans
• incomplete information during the transfer of a patient from one doctor to another

The study recommended several simple changes which could reduce the frequency of cancer misdiagnosis and the failure to diagnose medical conditions.  Tools which could help physicians make better decisions and prevent serious harm for patients, include:

• increased use of diagnostic tests
• keeping electronic records
• better standards for making evaluations
• increased use of nurse practitioners to ensure follow up care actually occurs

At Saiontz & Kirk, our medical malpractice lawyers investigate lawsuits for failure to diagnose serious conditions and misdiagnosis of cancer.  Free consultations and claim evaluations are offered for individuals residing nationwide.  If you, a friend or family member suspect that a serious injury was caused by a medical mistake, our lawyers can review the circumstances to determine if the injury was preventable. 

>>INFORMATION: Misdiagnosis Lawsuits

To find out if you may be entitled to compensation, request a free claim evaluation.