Each year, about 400,000 wrong-patient errors occur across the United States. This is an unfortunate situation as patient identity is one of the most vital and crucial parts of the healthcare system.
Far too often, though, there are mix-ups in hospitals and medical facilities that result in the patient sustaining serious pain and suffering. Knowing how these mix-ups
occur and what to look for can help you keep your information a priority so you’re receiving the correct treatment.
Failure to Ask for Date of Birth
Have you been to a doctor’s office or hospital? Have you noticed how multiple people ask for your date of birth? This is the hospital’s way of ensuring your identity and confirming you are who you say you are. However, healthcare workers may sometimes fail to ask for your date of birth, with disastrous consequences.
When this information is not verified, it can become easier for the medical facility to allow information to get mixed up, creating a problem with the potential health of the patient. Mixed-up information can lead to misdiagnosis, incorrect procedures, and more.
Errors With Electronic Health Records
As electronic medical records were introduced, they weren’t without their own potential concerns. As such, there were potential issues—and there still are—that could put patients at risk when their information is mixed up with other patients.
For instance, many doctors keep multiple medical records open, especially in emergency rooms when they go from patient to patient. If they don’t verify date of birth matching the electronic records, they may read the wrong chart.
These issues are far more common than people think, so if you have to visit a hospital, it’s increasingly important to ensure that the doctor is verifying your information in a proper manner. If not, be sure to ask questions so you know they have the right records.
Common Consequences of Medical Record Mix-Ups
A medical record mix-up can lead to not only misdiagnoses and inappropriate treatments but also to medication errors causing harmful reactions. In the context of birth and pregnancy, these mix-ups can be particularly devastating.
Imagine a scenario where a pregnant woman’s blood type is incorrectly recorded. If she needs a blood transfusion during labor and delivery, receiving the wrong blood type could be life-threatening. Or consider a situation where a woman’s record incorrectly states she’s had a previous Cesarean section, which could affect an unnecessary repeat C-section. Mix-ups regarding planned procedures, such as the timing of an induction or the type of pain relief requested (like an epidural), can also cause significant distress and complications.
In any medical setting, accurate record-keeping is paramount. But when it comes to pregnancy and childbirth, where decisions are often time-sensitive and have lasting implications for both mother and baby, the consequences of medical record mix-ups can be particularly severe.
Legal Options After a Medical Mix-Up Causes a Health Issue
When a medical record mix-up leads to health issues, especially critical complications during childbirth, victims may have grounds to pursue legal action under the realm of medical malpractice. Here’s an outline of how you might proceed:
- Consult with an Attorney: The first step is to consult with an experienced medical malpractice attorney. They can evaluate your specific situation, determine if negligence occurred, and advise you on your legal options.
- Establish Negligence: To have a valid claim, you must prove that the healthcare provider acted negligently. This means demonstrating that they deviated from the accepted standard of care, and this deviation directly caused the medical mix-up and resulting harm.
- Gather Evidence: This can involve collecting, with assistance from your lawyer:
- Complete Medical Records: Obtain all medical records related to the incident. In cases involving childbirth, this includes prenatal records, labor and delivery records, and any subsequent treatment records for the mother and the baby.
- Incident Reports: If the healthcare facility filed an incident report regarding the mix-up, request a copy of this report. It may contain valuable information about the circumstances surrounding the error and any immediate actions taken.
- Witness Statements: If there were any witnesses to the mix-up or its immediate aftermath, gather their statements. This could include nurses, other medical staff, or even family members present during the incident.
- Photographic Evidence: If applicable, take photographs of any visible injuries or complications resulting from the mix-up.
- Financial Documentation: Gather documentation of all expenses incurred as a result of the medical mix-up, including medical bills, therapy costs, lost wages, and any other financial losses.
- Expert Testimony: Medical experts can provide expert opinions on the standard of care and whether the healthcare provider’s actions deviated from that standard.
- Negotiation and Settlement: Your attorney may attempt to negotiate a settlement with the healthcare provider or their insurance company. This can often result in a faster resolution and avoid the need for a trial.
- Filing a Lawsuit: If a settlement cannot be reached, your attorney may file a medical malpractice lawsuit. This involves presenting your case in court and proving the elements of negligence.
In cases involving childbirth, the harm caused by a medical mix-up can be especially severe, with lifelong consequences for both mother and baby. If you believe a medical record mix-up contributed to a birth injury or other health complications, seeking legal assistance is crucial to protect your rights and secure fair compensation. At Beam Legal Team, our Chicago medical malpractice lawyers are committed to protecting your rights if you sustain serious injuries as a result of negligence. Medical neglect is a serious issue and it’s important to understand your legal options moving forward. We’re here to help.
Call our firm at (866) 404-5221 today.
Originally published December 27, 2018.
