When it comes to embracing innovation, there is often the “wow” factor that may cause excessive optimism and undue reliance on unproven technology. If you or someone you love was harmed by technology or the misuse of medical technology, this will be helpful information.
Malpractice Increases
In America, medical malpractice claims cost $8.9 billion per year. The average payout for a medical malpractice lawsuit is $300,000, with one-in-ten over $1 million. With 45% of the cases resulting in a payout for the plaintiff (the one who sues the insurance company), it is clear that there are significant problems with medical malpractice. Shockingly, the technology innovations, in some cases, are making it worse, not better.
About 9.5% of patients who die while in the hospital could have avoided death if proper treatment had been applied and the patient had received the correct diagnosis. Diagnosis mistakes are about 12 to 15% of the errors, which cause over 100,000 unnecessary deaths annually.
The majority (70%) of the adverse events happen due to a healthcare system failure, not as a mistake made by the healthcare professional. It is estimated that 60% of hospitals do not have sufficient resources to avoid malpractice mistakes.
Let’s examine three major areas of concern, which are telemedicine, patient privacy and data breaches, and the use of artificial intelligence. These areas have serious risks for technology errors, which may cause a legal case that needs an attorney who can provide guidance for medical malpractice claims.
Misdiagnosis When Using Telemedicine
An analysis conducted by a large professional liability insurer that offers malpractice coverage took a detailed look at the telemedicine records for a five-year period. The study found that misdiagnosis represented 66% of the malpractice insurance claims.
As reported in the medical journal Nature, Harvard Medical School also found that 68% of malpractice claims against doctors and healthcare systems are attributed to misdiagnosis.
When compared to the in-person diagnosis of a similar patient population, the misdiagnosis claims were lower, with in-person misdiagnosis claims at approximately 47%.
This means that a patient seeing a doctor in person, compared to the same patient seeing the doctor using telemedicine equipment, had a much higher probability of getting a correct diagnosis.
For some, the consequences of a misdiagnosis were severe. In the study, in 44% of the cases with misdiagnosis, the patient died.
Moreover, in terms of liability exposure for the healthcare practitioners and healthcare systems, 60% of the misdiagnosis cases were settled or had a court award. The errors were discovered in the patient’s file documents or in the efforts conducted as triage to determine appropriate treatment protocols.
Violations of Patient Privacy
There are strict rules under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), regarding protected health information (PHI). This law covers privacy, security, and the lawful use of the patients’ PHI.
Large language models (LLMs) that form the foundation of the advancements in AI are trained on massive amounts of data. In the creative arts, like songwriting and film production, there are already many class action lawsuits for copyright infringement.
It is not hard to imagine that PHI databanks are being used illegally to train the LLMs of AI companies. The efforts of the short-lived Department of Government Efficiency (DOGE) gained access to tons of PHI, such as the patient records of the VA system and the records of individual Social Security disability files.
It’s not clear about the extent of HIPAA violations that took place. What is clear is that nobody is allowed to use PHI for AI training without specific authorizations and patient consent.
When Artificial Intelligence Contributes to Patient Harm
The use of artificial intelligence (AI) in medicine has serious problems that may be overlooked in the rush to implement an innovative solution.
AI has a problem called “hallucinations.” AI hallucinations are false data and misinformation that the AI may create and present to the researchers as fact.
A malpractice claim may allege negligence by the doctor or healthcare professional who used AI tools to make healthcare decisions, such as whether to screen patients for certain disease conditions. The doctor is supposed to know when the AI gets it wrong.
The problem is the AI can be very convincing even when dead wrong (pun intended) and a patient dies from lack of proper treatment. When the AI is wrong, the malpractice lawsuits allege that a doctor should have ignored the AI’s bad advice and made a more accurate diagnosis.
Healthcare practitioners need to be diligent and careful when using AI systems rather than relying on them without proper validation. One recommendation by researchers is to consider AI a newbie, like a first-year resident, who requires close scrutiny by more seasoned staff. Reliance on AI is not a sufficient strategy or an excuse when the patient is harmed.
When to Consult with a Medical Malpractice Lawyer
You should consult a medical malpractice attorney as soon as you realize the healthcare provider’s negligence caused you or your loved one harm. Work with an attorney at our firm to learn more about how to determine if your case has merit, whether a lawsuit is appropriate, and what you can do if you or a loved one has been injured or died from medical malpractice issues.
Things to watch out for are severe and lasting injures, misdiagnosis (or delayed diagnosis), surgical errors, incorrect treatments, and failure of the healthcare provider to full inform you of the risks.
Healthcare providers that have repetitive problems may have systemic issues that create patterns of negligence. By taking action with the help of your malpractice attorney, you may get compensation for your harm and help prevent others from being harmed in the future.
Your lawyer will give you guidance throughout the process, allowing you to focus on your recovery. Your lawyer will help gather evidence and conduct medical records reviews. Your lawyer may consult with other medical experts to establish a basis for a claim of negligence. Your lawyer will seek damages for you that may include medical expenses, lost wages, and an amount for pain and suffering.
