In 1984, the National Institute of Medicine reported that an estimated 98,000 people died in U.S. hospitals each year as a result of preventable medical errors. That figure shocked many people, but a more current study has now estimated that a more accurate figure would be that 400,000 people die from hospital-based medical errors. The study was published in the Journal of Patient Safety and relied upon four other studies that estimated patient deaths in hospitals.
The author of the study concluded that curtailing this epidemic of patient harm would require, among other things, “transparent accountability for harm” and concerted efforts to correct the root causes of harm. He also pointed out that it doesn’t really matter whether “only” 98,000 people die each year as opposed to 400,000. Even the lowest figure is the equivalent of a jumbo jet crashing every day of the year and killing all on board.
Even one such crash results in a massive effort by the airline industry and the government to determine the cause of the crash and to ensure that actions are taken to prevent another such crash. Yet the medical industry — and the government — tolerates an incredible death toll from medical mistakes in hospitals, and very little is done.
“Transparent accountability” is a laudable goal, but is it realistic to expect that the hospital where an error results in death will tell the family what happened and accept responsibility? Interestingly, other studies have shown that when that occurs – when hospitals accept responsibility – it is much less likely the family will seek legal help to determine why their loved one died.
We all get calls from potential clients who say that after the bad outcome, the providers seemed to disappear or, on occasion, someone from “risk management” appears on the scene and explains how important it is to the hospital to listen to patient complaints so that care can be improved. Follow-up, however, seldom happens and a polite and bland letter is usually the most the family will receive. Often the major motivation for a potential client calling a malpractice attorney is to make sure the same thing doesn’t happen to some other patient.
Medical malpractice claims may be a crude and certainly imperfect means of holding a hospital accountable for a death from medical error, but it may be the only effective way to do that. Hospitals don’t like lawsuits, and insurance companies don’t like paying money for someone’s mistakes, so the cumulative effect – hopefully – is to ensure that someone is actually trying to avoid those events.
Malpractice attorneys all know of cases where very specific corrective steps were taken as a result of a lawsuit being brought, and there are probably many others where changes are made that we never learn about. Achieving accountability for medical malpractice is the goal, but that process may also involve needed changes to prevent yet more deaths.
