How Do Communication and Medical Record Errors Cause Serious Patient Injuries?

Communication is central to medical treatment. Health care workers, including doctors, nurses, pharmacists, and lab technicians, need accurate information to diagnose and treat patients properly. When crucial information isn’t recorded or is recorded incorrectly, patient care suffers. 

This article discusses how communication breakdowns can lead to poor patient outcomes. It also explains how a Laurel medical malpractice attorney can help your family with these issues. 

Why Communication Matters in Medical Care

Communication issues are often related to poor patient outcomes. A 2022 study of medical malpractice claims found that communication failures played a role in 49% of cases.

Communication issues often involve information that is incomplete, incorrect, or never entered. This is particularly troubling when the information involves missing diagnostic test results or failure to properly note a patient’s new or worsening symptoms. 

Additional communication issues can occur when medical teams exchange information. This is particularly common during shift changes. Other examples of this type of error include failure to communicate between: 

• Specialists and primary care doctors 
• Doctors and pharmacists
• EMTs/ambulance medics and hospital staff
• Hospital staff and staff at places such as nursing homes and rehabilitation facilities
• Different departments at the same facility 

How Can Medical Record Errors Harm Patients? 

Missing, incomplete, or incorrect medical records can cause life-threatening issues for patients. One of the worst possible outcomes of recording errors is a missed or delayed diagnosis. In one study of medical malpractice and communication errors, 40% of the cases studied involved delayed cancer diagnoses. Recording errors have also been associated with conditions such as: 

• Heart attacks 
• Pulmonary embolisms
• Pneumonia
• Kidney disease
• Sepsis and other infections 

While the diagnosis is delayed, the patient’s condition can continue to worsen. 

The same is true for incorrect diagnoses. Until the right diagnosis is made, the unaddressed condition can change drastically. Also, while the patient is being “treated” for the wrong condition, they may undergo a series of painful, costly, or unnecessary treatments.

When Can a Communication or Medical Record Error Be Medical Malpractice in Maryland? 

Medical charting or communication errors must meet certain standards to qualify as medical malpractice under Maryland law. 

When someone is hurt because another person didn’t act with the same level of care a reasonable person would in the same situation, the law calls it negligence. A person who believes that they were harmed by someone else’s negligence can file a lawsuit.

Medical malpractice is a specialized form of negligence. Under Maryland law, medical malpractice exists only when a doctor or other medical professional fails to meet the same standards that other members of their profession would under the circumstances. So, to win your medical malpractice case, in addition to proving the other legal requirements of negligence, you and your Leonardtown personal injury attorney will have to prove that under the circumstances, a medical professional would have: 1) recorded the information properly; 2) noticed the recording error; or 3) even with the recording error, recognized symptoms or other indications that should have prompted additional testing or investigation. 

If you successfully prove your medical malpractice case, you could be entitled to damages to cover losses related to your injuries. Maryland allows injured people to recover both economic and non-economic damages. Economic damages cover things like medical bills, while non-economic damages concern things like your pain and suffering. Your Waldorf injury attorney can explain the types of damages available in your case. 

Frequently Asked Questions About Medical Error Malpractice 

• Can I ask a doctor or hospital to correct an error in my medical record?

Yes. Maryland law specifically gives patients the right to request medical records and request corrections. 

• Does correcting a medical record remove the original entry?

Generally, no. Maryland law says you can’t delete information from the record. However, providers supplement the entry with the correct information. 

• Should I save patient portal messages if I think a communication error occurred?

Absolutely. This information can be an important part of your medical malpractice claim. 

• Is an after-visit summary my complete medical record?

No. An after-visit summary is a rundown of what happened during one isolated visit. Also, those notes are just for the patient. Your full medical record includes the doctor’s notes and impressions, as well as the reasoning behind any recommendations, tests, or diagnoses.

• How long should I keep copies of records and messages after a suspected medical error?

Keeping records for three to five years makes sense because it aligns with Maryland’s time limits for filing a medical malpractice claim. 

How Can a Maryland Medical Malpractice Lawyer Help with Charting Errors? 

Medical record errors are a common cause of missed diagnoses and other life-threatening issues. An experienced medical malpractice attorney can help you get compensation by acquiring and analyzing your medical records. 

If you need legal representation after an accident, contact the Law Offices of Thomas E. Pyles. We can put our decades of experience to work for you and your family. Schedule a free consultation today by calling 301-705-5006 or using our online contact form.