What differentiates medical error from medical malpractice?

Even if medical malpractice and errors have similarities in certain aspects, medical errors often arise from unintentional factors like miscommunication or system failures.

These are the mistakes doctors, nurses, anesthesiologists, radiologists, and other medical professionals make during diagnosing, treating, and monitoring patients.

In Florida, a closed-doors approach exists due to laws that encourage healthcare providers to investigate in confidentiality adverse patient outcomes, including medical errors such as:

• Failure to diagnose
• Delaying diagnosis
• Performing unnecessary surgery
• Surgery on the wrong body part
• Leaving a foreign instrument inside a patient’s body
• Prescribing the wrong medication
• Administering the wrong dose of medication
• Failing to monitor a patient
• Failure to timely detect complications
• Premature patient discharge
• Failing to intervene in a time to avoid birth injury

Uncovering the cause of medical errors is challenging, and as odd as it may sound, some medical errors do not qualify as malpractice. Moreover, some medical errors may be regarded as "harmless, " as the error may not directly or substantially cause any injury to the patient. Not all adverse consequences of the medical act result from medical malpractice. Even if a doctor makes an error during surgery, the patient may ultimately be harmed as a result of other factors, like anesthesia-related complications. It absolves the surgeon from liability if the medical professional's act or omission is unacceptable compared to a relatively prudent medical professional in the same or similar circumstances.

In such cases, medical negligence and liability arise implicitly. Plaintiffs in a medical malpractice case must show that the medical professional strayed from the standard of care and this deviation caused the plaintiff's harm, such as an injury or illness that:

• Needs additional medical treatment
• Causes permanent disability
• Bars the better prognosis chances
• Prevents the ability to work and earn a living
• Produces significant pain and suffering
• Results in the patient’s death

The main differences between medical error and malpractice

Certain aspects that distinguish medical error from medical malpractice cannot always be separated. However, certain lines must be drawn between the two, pointing to the basis, nature, and context of the medical professional’s action and the circumstances under which it happens or unfolds. Medical errors and malpractice in healthcare encompass unintentional mistakes and deviations from the expected standard of care. These two phenomena have distinct characteristics and legal implications.

• Understanding the intention and purpose behind medical errors and malpractice is crucial. Medical errors often arise from unintentional factors like miscommunication or system failures. On the other hand, medical malpractice involves a breach of duty by healthcare professionals, which can be intentional, negligent, or a departure from the standard of care.
• Considering the legal implications, medical errors may result in adverse outcomes, but not all necessarily lead to legal action. Some errors might be deemed unavoidable or fall within the accepted risks of medical treatment. On the other hand, medical malpractice is a legal concept, potentially triggering a lawsuit when a patient can establish that a healthcare professional's actions didn't meet the standard of care, causing harm or injury. Medical errors can occur even when healthcare providers adhere to the standard, influenced by unforeseen circumstances or inherent risks. Conversely, medical malpractice is tied to a breach of the established standard of care.