Fight Against Medical Malpractice With Data?

We Can Fight Against Medical Malpractice With Data

Medical malpractice, the act of a healthcare professional deviating from accepted standards of care and causing harm to a patient, remains a persistent and devastating issue. In the United States alone, an estimated 440,000 preventable medical errors occur in hospitals each year, with medical malpractice accounting for a significant portion. While the emotional and physical toll on patients and their families is immeasurable, the financial burden is staggering, costing the healthcare system billions of dollars annually.

Traditionally, fighting medical malpractice has been an uphill battle. Proving negligence in court often requires extensive expert testimony, mountains of medical records, and years of litigation. However, a new weapon is emerging in the fight for patient safety: data.

Harnessing the Power of Data

The health care industry generates vast amounts of data, from electronic medical records to diagnostic imaging and billing codes. By applying advanced analytics techniques to this data, we can uncover patterns and trends that may indicate potential instances of medical malpractice. For example, analyzing hospital readmission rates or identifying clusters of similar adverse events can raise red flags and prompt further investigation.

Inspiration for Using Data to Fight Medical Malpractice

This is nothing new, but this post was inspired by the May 2017 issue of Consumer Reports.  The main thesis was empowering people to take charge of their heart health.  An important message considering heart disease is the nation’s leading killer.  Several articles offered good advice about heart health. Even if you don’t, or cannot, exercise, there were several helpful suggestions like limiting sweets and eating more fruits and vegetables. These recommendations come from health care data.

While further researching the topic, another article that caught my eye: Why Hospitals Need to Share Surgery Success Data.  It reported that less than half of the nation’s 1,000 hospitals that perform heart surgery voluntarily share their complication and mortality charges with Consumer Reports.  LESS THAN HALF!  That is troubling.

Patients should have easy access to data so they can intelligently select their health care providers, especially when it is a matter of life and death.  How often do you check user reviews before buying an item on Amazon or other site?  How often do you compare items before buying?  Why should health care be different?

The thing that bothers us is that Arizona allows hospitals and doctors to hide behind the “peer review” and “quality assurance” protections to prevent public disclosure of complication data.  Even when a patient falls victim to a hospital’s repeat offender, the patient is not given this information.  We have heard there are hospitals that allow a surgeon, who repeatedly injures his patients through negligence, to continue performing surgery because the surgeon’s procedures make the hospitals A LOT of money.  When an injured patient tried to investigate the hospital’s knowledge of the prior events and determine what steps the hospital took to prevent future injuries, the hospital hid behind the peer review and quality assurance protections.   They are essentially enabling the surgeon to continue committing medical malpractice.

Data-driven insights can empower patients and their advocates in several ways:

• Identifying potential cases: Early detection of possible malpractice allows for timely intervention and investigation, potentially preventing further harm to patients.
• Building stronger legal cases: Data analysis can provide clear and objective evidence to support claims of negligence, strengthening the case for compensation.
• Holding healthcare providers accountable: By making malpractice patterns transparent, data can encourage hospitals and healthcare systems to improve safety protocols and prevent future incidents.

Challenges and the Road Ahead to Fight Against Medical Malpractice

While the potential of data in the fight against medical malpractice is undeniable, significant challenges remain. Data privacy concerns, complex legal hurdles, and the need for robust data infrastructure are just some of the obstacles that need to be addressed. Additionally, ensuring equitable access to data-driven tools and fostering trust among patients and healthcare providers are crucial for long-term success.

Progress is further complicated by the fact that almost all medical malpractice settlements are confidential.  No one outside the case will ever learn about the malpractice or how the claims were resolved.

Despite these challenges, the potential benefits of using data to combat medical malpractice are too significant to ignore. By embracing data-driven solutions, we can create a safer healthcare system for everyone. Patients deserve the best possible care, and data can be a powerful tool in ensuring that they receive it.

Protecting patients’ safety should be a priority in Arizona, not protecting paychecks.  So, what can you do?  Contact your state representatives and tell them we need transparency and safety in Arizona’s health care system.

Empowering Patients with Knowledge

In addition to legal advancements, data can also empower patients to take an active role in their own healthcare. By providing patients with access to their medical records and clear explanations of diagnoses and treatment options, we can equip them to make informed decisions and advocate for their own safety.

Ultimately, the fight against medical malpractice requires a multi-pronged approach. Data-driven solutions, coupled with legal reforms, patient education, and a culture of safety within health care institutions, can create a brighter future where preventable harm is minimized and patient safety reigns supreme.

If you believe you or a loved one was injured by medical negligence, feel free to contact us to investigate if there is a valid claim to pursue.

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 23 years
Bar number: 020421
Location: Phoenix, AZ
JD’s Profile