When embracing innovation, there is often an element of “surprise” that can lead to over-optimism and over-reliance on unproven technologies. If you or a loved one has been harmed by the misuse of technology or medical technology, this is helpful information.
Increase in medical errors
Medical malpractice claims cost the United States $8.9 billion annually. The average payout in a medical malpractice case is $300,000, and one in 10 cases exceeds $1 million. With 45% of lawsuits resulting in a payout for the plaintiff (the person suing the insurance company), it is clear that there is a serious problem with medical malpractice. Surprisingly, in some cases technological innovations are making things worse, not better.
Approximately 9.5% of patients who die during hospitalization could have been avoided if appropriate treatment had been applied and the patient had received the correct diagnosis. Diagnostic errors account for approximately 12-15% of errors and cause more than 100,000 unnecessary deaths each year.
The vast majority (70%) of adverse events occur due to failures in the healthcare system rather than errors by healthcare professionals. It is estimated that 60% of hospitals do not have sufficient resources to avoid medical errors.
Let’s consider three key areas of concern: telemedicine, patient privacy and data breaches, and the use of artificial intelligence. There is significant risk in these areas from technology errors, which can result in legal action that requires an attorney who can provide guidance on medical malpractice claims.
Misdiagnosis when using telemedicine
An analysis conducted by a leading professional liability insurance company that provides medical malpractice coverage scrutinized five years of telehealth records. The study found that 66% of medical malpractice claims were due to misdiagnosis.
As reported in the medical journal Nature, Harvard Medical School also found that 68% of medical malpractice claims against doctors and health systems result from misdiagnosis.
Misdiagnosis claims were low when compared to in-person diagnoses of similar patient populations, with in-person misdiagnosis claims approximately 47%.
This means that a patient who sees a doctor in person is much more likely to receive a correct diagnosis than if the same patient sees a doctor using a telemedicine device.
For some, the consequences of misdiagnosis were severe. In this study, patients died in 44% of misdiagnosed cases.
Additionally, from a provider and health system liability perspective, 60% of misdiagnosis lawsuits resulted in settlements or court judgments. Errors were discovered in patient file documentation or in triage efforts to determine appropriate treatment protocols.
Violation of patient privacy
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) has strict rules regarding protected health information (PHI). This law covers privacy, security, and lawful use of patient PHI.
Large-scale language models (LLMs), which form the basis of advances in AI, are trained on large amounts of data. In creative fields such as songwriting and film production, there are already many class-action lawsuits based on copyright infringement.
It is not hard to imagine PHI databanks being used illegally to train LLMs in AI companies. A short-lived Department of Government Efficiency (DOGE) initiative gained access to large amounts of PHI, including patient records in the Veterans Affairs system and records in individual Social Security disability files.
The scope of the HIPAA violation is not clear. What is clear is that no one is allowed to use PHI for AI training without specific permission and patient consent.
When artificial intelligence harms patients
There are serious issues with the use of artificial intelligence (AI) in healthcare that can be overlooked in the rush to implement innovative solutions.
AI has a problem called “illusion”. AI hallucinations are false data or misinformation that an AI can create and present to researchers as fact.
Medical malpractice claims may allege negligence on the part of doctors or medical professionals who use AI tools to make medical decisions, such as whether to screen a patient for a particular disease. Doctors are supposed to know when the AI makes a mistake.
The problem is that the AI can be very convincing even when it’s completely wrong (just kidding) and the patient dies because they didn’t get the right treatment. If the AI was wrong, the medical malpractice lawsuit alleges, the doctor should have ignored the AI’s incorrect advice and made a more accurate diagnosis.
Healthcare professionals should be diligent and cautious when using AI systems, rather than relying on them without proper validation. One of the researchers’ recommendations is to think of AI as a novice, such as a first-year resident, who needs closer scrutiny by more experienced staff. Reliance on AI is not a sufficient strategy or excuse when patients are harmed.
When to consult a medical malpractice attorney
If you realize that a medical provider’s negligence has caused harm to you or your loved one, you should contact a medical malpractice attorney immediately. Work with our attorneys to learn more about whether your case has merit, how to determine if litigation is appropriate, and what you can do if you or a loved one is injured or killed in a medical malpractice matter.
Things to look out for are severe and prolonged injuries, misdiagnosis (or delayed diagnosis), surgical errors, incorrect treatment, and medical providers not adequately explaining the risks.
Healthcare providers who experience recurring problems may have systemic problems that create a pattern of negligence. By taking action with the help of a medical malpractice attorney, you can obtain compensation for your damages and may be able to prevent others from suffering damages in the future.
Your attorney will provide advice throughout the process so you can focus on your recovery. Your attorney will help gather evidence and review medical records. Your attorney may consult with other medical professionals to establish the basis for your negligence claim. Your attorney will seek damages, including amounts for medical bills, lost wages, and pain and suffering.
