BlogMedical Error and Liability: A Growing Concern in Healthcare

Medical Error and Liability: A Growing Concern in Healthcare

Medical errors are an unfortunate yet significant concern in healthcare systems globally. These errors, ranging from surgical mistakes to medication mismanagement, can result in severe harm, and in some cases, death. According to a study published by Johns Hopkins University, medical errors are the third leading cause of death in the U.S., with an estimated 250,000 annual fatalities. In Canada, the Canadian Patient Safety Institute reports that 28,000 deaths annually are linked to preventable medical errors.

Types of Medical Errors

Surgical Errors: These can include operating on the wrong patient, performing the wrong procedure, or removing the wrong organ. Such was the case recently where a surgeon mistakenly removed a patient’s liver during a routine splenectomy, leading to the patient’s death. These kinds of errors are usually a result of poor communication, inadequate preparation, or fatigue.

Medication Errors: Incorrect dosages, administering the wrong medication, or failing to account for patient allergies are all common. According to ISMP Canada (Institute for Safe Medication Practices), medication errors occur in nearly 1 in 10 hospital admissions.

Diagnostic Errors: Misdiagnosis or delayed diagnosis can lead to inappropriate treatment and worsen patient outcomes. Studies indicate that diagnostic errors affect 1 in 20 adults in the U.S. each year.

Liability and Legal Implications

The consequences of medical errors often lead to legal action, primarily in the form of malpractice lawsuits. In Canada, the CMPA (Canadian Medical Protective Association) helps protect healthcare providers, but legal claims have been on the rise. A key element in these cases is proving negligence, which requires evidence that the healthcare provider deviated from the accepted standard of care.

Surgeons, for example, are particularly susceptible to lawsuits due to the high-stakes nature of their work. While most surgeons perform hundreds of procedures without issue, errors like removing the wrong organ or failing to prevent infections can lead to significant legal consequences.

How to Prevent Medical Errors

1. Communication: Clear and concise communication among medical staff can greatly reduce the risk of errors. Tools like SBAR (Situation-Background-Assessment-Recommendation) are increasingly used to enhance clarity.

2. Checklists: Surgical checklists, such as those advocated by the WHO, have been shown to reduce the incidence of preventable mistakes by ensuring that all steps are followed.

3. Technology: Electronic health records (EHR) and barcoding for medication administration are technologies that are increasingly used to prevent errors.

4. Ongoing Education and Training: Continued professional development ensures that healthcare providers remain updated on best practices, reducing the likelihood of human error.


A Florida surgeon is facing a lawsuit after mistakenly removing a patient’s liver during a splenectomy. William Bryan, the patient, tragically died due to the error, as the surgeon confused the liver for the spleen, claiming it was enlarged and had shifted position. Bryan’s widow, Beverly, has filed a lawsuit against both the surgeon and the hospital, accusing them of gross negligence. This case has raised serious concerns, as the surgeon was involved in another surgical error in 2023.

Medical errors are preventable yet common, and the legal and human costs are significant. By improving communication, adopting technology, and maintaining a focus on patient safety, healthcare systems can mitigate risks. However, when errors do occur, accountability is essential to ensure patient trust and uphold the integrity of the healthcare profession.

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