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The most common types of medical malpractice complaints doctors need to know

The most common types of medical malpractice complaints doctors need to know

Everybody makes mistakes; even the most highly trained doctors. But by recognising the most common types of medical malpractice complaints, young doctors can learn how to provide better care for their patients and avoid the ire of the HDC or Medical Council at the same time.

Of the 900 or so complaints received by the HDC from 2015-2016, these are the most common that new doctors should be aware of:

Related content: The most common types of medical malpractice complaints doctors need to know

 

Inadequate or inappropriate treatment/procedure


1 in 4 complaints

What it looks like


A mother brings their young child in for their 15-month immunisations. The attending doctor accidentally picks out the wrong vaccine from the medical centre’s refrigerator and administers it. Later, the doctor realises her mistake and informs the family and corrects the immunisation records. The mother then lays a complaint for an inappropriate treatment.

 


 

Missed/incorrect/delayed diagnosis


1 in 5 complaints

What it looks like


A woman who has a history of cancer arrives at the hospital suffering from back pain. The medical team conducts an x-ray and notes “no bony lesions”, intending to use this as evidence to exclude cancer as a possibility. Her condition is determined to be due to a muscle spasm and she is discharged. Three months later, the woman is diagnosed with metastatic bone disease, which may have been revealed by an MRI scan. The woman lays a complaint against the doctor for an incorrect/missed diagnosis.

 


 

Disrespectful manner/attitude


1 in 10 complaints

What it looks like


A morbidly obese woman attends a hospital’s surgical clinic to check for suitability of gastric bypass surgery. During these checks, the surgeon attending her grows frustrated at her apparent inability to recognise the lifestyle changes she will need to make on top of the bypass. After a heated discussion, the surgeon becomes verbally abusive. After the appointment, the woman lays a complaint for disrespectful behaviour.

 


 

Unexpected treatment outcome


1 in 10 complaints

What it looks like


A young teenager is diagnosed with a cancer of the pelvis, to be treated with surgical treatment and chemotherapy treatment. This treatment comes with a risk of infertility, which was not communicated to him at the time. The treatment went ahead, and later in life the patient had trouble conceiving; only then did he learn of the potential for infertility due to chemotherapy treatment.

 

Read more: The most common causes of medical complaints and how to avoid them

 


 

Inadequate/inappropriate examination assessment


1 in 10 complaints

What it looks like


A middle aged man is admitted to a clinic with complaints of erectile dysfunction. On the health questionnaire, he mentions that he suffers from diabetes and high blood pressure and takes a slew of medications for cardiovascular disease. Despite this, his attending doctor does not perform a physical examination to determine cause before prescribing a common remedy. After the appointment, the man lays a complaint for inadequate examination.

 


 

Lack of access to services


Less than 1 in 10 complaints

What it looks like


A man arrives in a clinic with a suspected broken bone. Following a physical examination by a doctor, the patient expects that they will require an x-ray. Unfortunately, this particular clinic’s x-ray machine isn’t currently working, and the doctor refers the patient to a local hospital. The patient lays a complaint for inadequate access to expected services.

 


 

Failure to communicate effectively with the patient


Less than 1 in 10 complaints

What it looks like


An elderly man is admitted to a medical centre with the complaint of a sore knee, slow speech and a “fizzing” in his feet. The doctor requests a blood test, and finds a problem. The results are referred to a haematologist, but upon receiving the results back, the GP fails to tell his patient until a few weeks later, after the man had been reviewed at the outpatient clinic at the public hospital. The patient lays a complaint for ineffective communication.

 


 

Summary

No matter how rare the complaint type might be, there’s still a chance you could be on the receiving end of an accusation. Make sure you have the right cover in your medical indemnity insurance, and you’ll be protected if (or, more likely, when) you accidentally slip up and cause a complaint.

 

For more information on medical indemnity, download our free ebook below.

 

The Medical Complaint Survival Guide