10 Emergency Room Errors: How to Avoid Malpractice Claims

In the high-pressure environment of emergency medicine, the potential for errors, even preventable errors, looms large. Ranging from missed diagnoses of stroke and heart attack to critical infections, this weakness in one of the most fast-paced medical settings may be more likely than you think. The American Medical Association found medical malpractice cases name 75% of United States emergency physicians during their careers. Further, these lawsuits have an average indemnity of $816,909, underscoring the high risk and cost of this legal action.

This data highlights the critical need for robust medical malpractice coverage and systemic improvements in emergency rooms (ERs). Many malpractice claims arise from misdiagnoses or delays in treatment—issues that can have severe consequences for patients and healthcare providers alike. Understanding the common mistakes and root causes of these errors is essential to improving the quality of public health in several areas:

  • Patient safety
  • Avoiding legal disputes
  • Minimizing financial risk

10 Kinds of Emergency Room Mistakes

Understanding the common pitfalls and vulnerabilities in the ER is crucial to minimizing risk and enhancing patient safety. In this blog, we will discuss the 10 most t prevalent types of mistakes in ERs, provide insights into their root causes, and discuss how to protect yourself and your practice against potential liabilities.

Taking proactive steps, such as improving protocols, training, or purchasing robust medical malpractice insurance is critical. These actions ensure the highest standard(s) of care for your patients, while safeguarding your reputation and your career.

1. Diagnostic Errors

Diagnostic errors in the ER can have dire consequences for patient health and safety. The Agency for Healthcare Research and Quality found an estimated 7.4 million patients in the U.S. experience diagnostic errors annually in ERs, leading to serious harm in nearly 2.6 million cases.

Misdiagnosis occurs when a doctor identifies one medical condition incorrectly as another. This leads to incorrect treatment, which can worsen the actual illness and cause additional harm. For example, confusing a heart attack with indigestion, might mean a patient would receive antacids instead of life-saving interventions like thrombolytics or angioplasty.

Other diagnostic errors include:

  • Delayed Diagnosis: Unnecessary delay in diagnosing a condition, allowing it to progress. For instance, a delayed sepsis diagnosis can result in multi-organ failure.
  • Failure to Diagnose: Missing a condition entirely, resulting in no treatment. An example is sending a patient with a ruptured appendix home with a diagnosis of gastroenteritis.
  • Overdiagnosis: Identifying a condition that doesn't require treatment, leading to unnecessary interventions. For example, diagnosing a benign growth as cancer may result in unnecessary chemotherapy or surgery.

Most diagnostic errors are caused by a cascading effect. They often start with inadequate patient history-taking, overlooking crucial medical history details or critical conditions. This foundational lapse can lead to ignoring patient-reported symptoms, dismissing significant patient feedback, and missing crucial clues for accurate diagnosis.

Without a proper diagnosis, healthcare providers might order and conduct incorrect or unnecessary tests. This wastes valuable resources and delays the discovery of the real issue. During this time, any incorrect interpretation of test results can further compound the problem, as misread lab results or imaging directs the treatment in the wrong direction.

Improving diagnostic accuracy in the ER can include enhanced training for healthcare providers to recognize subtle symptoms and variations of common conditions, utilizing decision support tools for evidence-based recommendations, and streamlined communication between ER staff through regular briefings and debriefings. Additionally, incorporating thorough patient history-taking protocols and implementing continuous feedback mechanisms to review and analyze diagnostic errors can identify patterns and root causes.

2. Treatment Errors

Diagnostic errors often result from inadequate communication, rushed decision-making, and a lack of thorough patient assessment. These can also lead to treatment errors.

Errors in treatment can include the following:

  • Medication errors
  • Procedural errors
  • Restraint errors
  • Delays in treatment

Medication errors are common, including provision of the wrong medication, incorrect dosages, failure to consider allergies or drug interactions, and even giving medication to the wrong patient.

For example, a Patient Safety study found medication errors in ERs occur in about 22% of cases, with 43% of these errors being potentially harmful. These errors can cause significant harm, ranging from adverse reactions to life-threatening complications.

Procedural errors are another critical concern involving the performance of incorrect or improper procedures, execution of improper techniques, and surgical mistakes. Such errors can lead to prolonged recovery, additional surgeries, or permanent damage.

Errors in the use of restraints and decision support can also compromise patient safety. Incorrect use of physical or chemical restraints, lack of monitoring restrained patients, and non-compliance with guidelines pose significant risks. Moreover, ignoring clinical decision tools, over-relying on automation without critical assessment, and using outdated support systems can lead to poor decision-making.

Delays in treatment are a significant issue. Prolonged waiting times, delayed responses to emergencies, and bottlenecks in patient flow contribute to worsened patient outcomes. These delays can exacerbate medical conditions, leading to increased morbidity and mortality.

To improve treatment accuracy, staff need better training in medication administration, double-check systems for dosages, and helpful electronic health records to flag allergies and interactions. Enhanced patient assessment and communication can prevent rushed decisions. Other ways to improve include:

  • Implementing protocol checklists
  • Simulation-based training
  • Adhering to guidelines
  • Updating decision support tools
  • Streamlining patient flow

3. Communication Errors

Communicating effectively is vital, yet communication errors in healthcare remain surprisingly common. Among staff, miscommunication between healthcare providers often stems from unclear instructions and the lack of standardized protocols, resulting in misdiagnoses and delayed treatments.

Incomplete handoff communications, whether due to time constraints or high workload, often mean losing critical patient information, increasing patient risk. For example, failure to communicate allergy information during a shift change can lead to severe reactions. Similarly, inadequate information during patient transfers can cause delays in hospital care and higher healthcare costs, highlighting the need for standardized communication practices and structured handoff tools.

Communication errors also occur between healthcare providers and patients. Language barriers, a frequent issue in diverse patient populations, can lead to misunderstandings and non-compliance with treatment plans. Failure to communicate critical test results promptly or provide adequate discharge instructions can result in delayed diagnoses and increased readmission rates. Here are other communication-related errors in the ER:

  • Poor communication errors between healthcare providers, incomplete handoff communications, and inadequate information during patient transfers can lead to missing information and inconsistent treatment. For patients, language barriers, failure to communicate critical test results, inadequate discharge instructions, and a lack of ensuring patient understanding add to the frustration and confusion.
  • Coordination of care errors occur when communication breaks down among healthcare providers, resulting in fragmented care and treatment plans. This often happens due to poor collaboration among specialists, ineffective teamwork, and interprofessional conflicts. Such errors can delay transfers, create conflicting care plans, and ultimately increase complications.
  • Patient identification errors happen when misidentifying patients, often because of similar names or inadequate verification protocols. These errors can lead to incorrect medications, mislabeled lab samples, wrong diagnoses, and serious patient harm.
  • Triage errors occur when patients are either under-triaged or over-triaged, resulting in incorrect prioritization of care. This can delay treatment for critical patients or waste resources on less urgent cases.
  • Documentation errors occur when patient records are incomplete, inaccurate, or improperly managed. These mistakes often omit critical health information, such as allergies or prior conditions. They can lead to incorrect treatments, adverse reactions, and compromised patient safety.

Setting clear guidelines for instructions and using structured handoff tools will ensure inclusion of critical information. Training healthcare providers in effective communication and using translation services can help overcome language barriers, ensuring patients fully understand their treatment plans. These steps can significantly improve patient outcomes and reduce the risk of errors in the ER.

4. System & Equipment Errors

System and equipment errors in healthcare can severely disrupt patient care. Equipment failures, such as malfunctioning medical devices or improper use due to inadequate training, can lead to incorrect diagnoses and delayed treatments, ultimately harming patients. According to the World Health Organization (WHO), maintenance expenses are an essential operational cost that can consume up to 60% of the total cost of healthcare systems. Regular maintenance and comprehensive training programs are essential to mitigate these risks.

IT system downtimes, including electronic health record (EHR) failures and data entry mistakes, disrupt patient care and can result in missed critical warnings. Technology and data management errors include EHR misuse or malfunction, data breaches compromising patient confidentiality, and alert fatigue leading to missed critical warnings. Additionally, excessive reliance on technology and inadequate training on new systems can exacerbate these problems. Update systems and data validation regularly to help prevent these issues.

5. Staffing & Organizational Errors

Organizational errors in ERs can range from staffing issues to administrative mistakes, which collectively compromise patient safety and care quality. Fatigue and burnout are prevalent among ER staff due to long and stressful shifts, which can significantly decrease performance and lead to mistakes. High staff turnover rates add to the inconsistent care provided, as inexperienced personnel replace seasoned healthcare professionals. This turnover and lack of proper training can compromise patient safety.

Supervisory and training errors in ERs can have severe consequences on patient care. Lack of proper oversight for junior staff can result in unnoticed mistakes, and failing to monitor critical tasks poses significant risks. Moreover, insufficient training opportunities prevent staff from staying informed about the latest medical practices and technologies. Ensuring consistent training and effective supervision can mitigate these errors, improving patient safety and care quality.

Just as supervisory and training errors can disrupt patient care, administrative and financial errors pose significant emergency room errors. Insurance and billing mistakes can lead to complications in determining patient eligibility for services, often resulting in delays or denials of necessary treatments. For example, a simple coding error in a patient's insurance claim can cause substantial delays in their treatment plan. Likewise, patient registration errors during admission can result in incorrect patient information, leading to potential misidentification and compromised care.

Other administration-related challenges include:

  • Conflict resolution errors and unresolved grievances can detract from the quality of care in emergency rooms. Addressing complaints promptly and effectively is crucial to maintaining a positive and productive work environment.
  • Scheduling and appointment errors cause confusion and delays, negatively impacting patient flow and increasing wait times. For instance, incorrectly scheduled appointments result in patients waiting for extended periods, which can be particularly harmful when timely care is crucial.
  • Financial constraints are also a critical concern, as cost-cutting measures often compromise patient safety. Lack of funding can lead to a scarcity of essential medical supplies and equipment, hindering the ability to deliver high-quality care. For example, budget cuts may result in fewer available staff members, leading to increased workloads and stress, thereby increasing the likelihood of errors.
  • Resource allocation errors, such as inefficient use of equipment or staff, can lead to significant delays in patient care. Supply shortages of essential items can hinder necessary treatments, while overcrowding in emergency rooms reduces care quality.

To improve ER staffing and organizational errors, implement shorter shifts and provide mental health support to reduce fatigue. Offer competitive salaries and career development opportunities to address high turnover rates. Streamline administrative processes with advanced software for accurate patient registration and billing, secure adequate funding for essential resources, and optimize schedules to enhance patient flow and care quality.

6. Compliance Errors

Ensuring compliance in the emergency room is crucial for patient safety and minimizing litigation. One major area of concern is infection control errors. Failure to follow infection prevention protocols, such as improper hand hygiene and ignoring isolation guidelines, can lead to hospital-acquired infections (HAIs).

With one in 31 hospital patients acquiring an HAI on any given day, ER providers must adhere to strict infection control measures to prevent the spread of infections within hospitals. Proper hand hygiene and the correct use of personal protective equipment (PPE) are essential practices to mitigate these risks.

Policy and protocol compliance errors also pose significant threats. Inconsistent application of guidelines, outdated protocols, and regulatory non-compliance can severely impact patient outcomes. Non-adherence to updated procedures can result in suboptimal care while failing to meet legal standards can lead to significant penalties. Regularly updating and enforcing procedures based on current standards is critical to maintaining high-quality care.

Emergency preparedness errors highlight the importance of being ready for large-scale incidents. In 2023 alone, the U.S. experienced 25 weather—or climate-related disasters, costing at least $1 billion in damages. Inadequate disaster plans, ineffective handling of mass casualties, and a lack of drills can leave healthcare facilities vulnerable. Effective preparedness involves developing comprehensive disaster plans, conducting regular drills, and ensuring all staff are well-trained to handle emergencies efficiently.

Lastly, quality assurance and reporting errors undermine the integrity of healthcare services. Failing to monitor quality indicators, not learning from past mistakes, and under-reporting errors can lead to recurring issues. Transparency in reporting and continuous quality monitoring are vital for identifying areas of improvement and implementing corrective actions. Healthcare facilities can foster a culture of continuous improvement and enhanced patient safety by tracking performance and addressing previous errors.

7. Errors in Radiology & the Laboratory

Laboratory and radiology errors in the ER can significantly impact patient care and outcomes. Testing errors, such as ordering the wrong tests, delays in obtaining results, and mislabeling specimens, can lead to misdiagnoses and delayed treatments. For instance, a mislabeled specimen might result in incorrect test results, affecting the patient's treatment plan.

Bias and interpretation errors, including analytical errors in the laboratory, like the misinterpretation of lab results and incorrect reading of radiologic images, can further complicate diagnoses. Inattentional blindness occurs when radiologists fail to notice unexpected but obvious anomalies in imaging scans. A study found 83% of radiologists missed a superimposed gorilla image on CT scans while looking for lung nodules. This study emphasizes the importance of maintaining vigilance and awareness during image reviews to avoid missing critical findings.

Delays in procedures, imaging, or lab testing can also hinder timely diagnosis and treatment. These delays can be particularly detrimental in emergencies where every second counts. Ensuring efficient workflows and prompt processing of tests and imaging studies is crucial for providing high-quality patient care. Implementing structured reporting systems and leveraging technology can help reduce diagnostic errors in radiology, improving diagnostic accuracy.

8. Ethical Errors

Ethical mistakes in the ER, such as failure to obtain informed consent, significantly impact patient care and trust. Studies show only 20% of emergency surgery patients could remember their informed consent due to inadequate information or time implications.

Ethical violations, including breaches of patient confidentiality and unauthorized access to records, compromise patient privacy and trust. In fact, a survey found 75% of patients were concerned about their health data privacy. Enhancing informed consent processes by ensuring patients receive comprehensive information and have adequate time to understand their treatment options can significantly improve patient trust.

Cultural competency and patient engagement errors also contribute to ethical lapses. Ignoring cultural beliefs and using inappropriate communication styles can result in patient dissatisfaction and ineffective care. Only 39% of healthcare providers reported feeling confident in their ability to address their patients' cultural needs, highlighting the need for better training and awareness. Not involving patients in decision-making further undermines patient-centered care, so it is crucial to provide cultural competency training to address diverse patient needs and foster patient engagement in care decisions.

Privacy and confidentiality errors, such as unauthorized disclosure of information and improper disposal of documents, can lead to significant patient privacy breaches. 70% of healthcare data breaches result from internal mishandling, underscoring the importance of robust privacy protocols and staff training. Implement strict privacy protocols and regular staff training to safeguard patient confidentiality. Addressing these ethical mistakes is crucial for maintaining patient trust, improving care quality, and fostering a more ethical environment during medical emergencies.

9. Medical Errors & Patient Safety

Patient safety in the ER encompasses many factors, such as addressing psychological and behavioral errors, effective discharge planning, and adequate care for special populations. Psychological and behavioral errors, such as ignoring mental health issues, mismanaging difficult patients, and lacking emotional support, can significantly impact patient outcomes. Properly addressing these concerns by providing mental health support and training staff to handle aggressive or non-compliant individuals can enhance patient care.

Effective discharge planning and education are critical to preventing readmissions and complications. Poor discharge planning, inadequate follow-up arrangements, and insufficient patient education can lead to adverse outcomes. Ensuring patients understand their conditions and care plans and have access to necessary post-care services is essential for improving recovery and reducing hospital readmissions.

Caring for special populations such as children, the elderly, and disabled individuals requires attention to their unique needs. Neglecting vulnerable groups and failing to address their special requirements can lead to inadequate care. Additionally, time management errors, like poor task prioritization and disorganization, can cause delays in patient care. Implementing efficient scheduling and organizational practices can help mitigate these issues and ensure timely medical treatment.

10. Environmental & Safety Errors

The physical environment of an ER needs to be safe and organized to prevent accidents. However, issues like spills causing falls, poor lighting affecting visibility, and overcrowded or cluttered spaces can create hazards. For instance, cluttered hallways can impede quick access to essential medical equipment and delay treatment. Overcrowding can also compromise the quality of care as staff struggle to manage the increased patient load effectively.

Security errors further threaten patient safety and privacy. Unauthorized access to restricted areas can result in breaches of confidential patient information. Additionally, inadequate protection against violence puts both patients and staff at risk. According to a study by the Emergency Nurses Association, 56% of ER nurses reported assault or being subject to violent threats at work in the last 30 days, highlighting the need for improved safety measures.

ERs can create a safer and more efficient environment by:

  • Performing regular maintenance and cleaning protocols
  • Optimizing space and resources
  • Implementing strict security measures, such as access controls and surveillance
  • Providing training on handling violent situations
  • Ensuring adequate security personnel can enhance physical safety

Mitigate Your Risk in the ER

Emergency care is fraught with endless risks, from technology and data management errors to supervisory lapses, administrative mistakes, and ethical violations. Despite best efforts, the fast-paced, high-stakes environment of the ER makes it nearly impossible to eliminate all potential for error.

The consequences of these errors can be severe, ranging from patient harm to significant legal repercussions for healthcare providers. Without the protective shield of medical malpractice insurance, even a single mistake can result in devastating financial and professional consequences. The reality of modern healthcare is that lawsuits and claims are a pervasive threat, and no practitioner is immune.

Consider investing in medical malpractice insurance to safeguard your practice and financial stability. This crucial safety net offers financial protection and peace of mind, allowing you and your team of providers to focus on delivering the highest standard of care without the looming fear of potential litigation.

Contact us today to learn more about comprehensive medical malpractice coverage.

Image by vm from iStock.

Disclaimer: This article is provided for informational purposes only. This article is not intended to provide, and should not be relied on for, legal advice. Consult your legal counsel for advice with respect to any particular legal matter referenced in this article and otherwise.

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