Introduction
Healthcare-associated infections are one of the major issues in the health ecosystem as it causes major morbidity and mortality and even ends up in medical negligence suits. For the attorneys dealing with such cases, a detailed perusal of the documents is vital in proving malpractice and winning the case for the clients. This paper investigates the connection between preventable infections, medical malpractice, and the medical records review as a case study and the information that will assist the lawyers in trust these intricate matters.
Understanding Preventable Infections
What Are Preventable Infections?
Preventable infections refer to those that can be avoided through proper medical procedures, hygiene practices, and timely interventions. Common types include:
• Surgical Site Infections (SSIs)
• Catheter-Associated Urinary Tract Infections (CAUTIs)
• Ventilator-Associated Pneumonia (VAP)
• Central Line Associated Bloodstream Infections (CLABSIs)
Each of these infections poses a risk to patients, particularly those with weakened immune systems or undergoing invasive procedures.
Statistics on Preventable Infections
A report published by the Centers for Disease Control and Prevention disclosed that approximately 1 in 31 hospital patients contains a healthcare-associated infection on any single day. Looking forward to 2024, the cost of the expenses proportionally caused by these infections in the U.S. is expected to be around $ 10 to $ 15 billion in the next year.
The Connection Between Preventable Infections and Medical Malpractice
Defining Medical Malpractice
Medical malpractice denotes failure on part of the healthcare provider to be able to deliver satisfactory care and causing an injury to a patient. In the case of infections that could have been avoided, these may be observed in the following ways:
• Lack of adherence to protocols meant to control infections
• Lack of care on those who have undergone surgery
• Careless treatment of patients with medical machinery
Key Elements of a Malpractice Case
To establish a medical malpractice claim related to preventable infections, the following elements must be demonstrated:
- Duty of Care: What was the healthcare provider’s responsibility towards the patient?
- Breach of Duty: Did the provider act within the care levels that they are entitled to?
- Causation: Such breach was the direct cause of the infection acquired.
- Damages: Yes, the patient incurred loss.
The Role of Medical Records Review
In our days, one of the foremost pieces of evidence that help prove malpractice goes unpunished is the medical record. Medical records help to piece together the stories of the patients, treatments administered and the actions of the medical provider.
Understanding the Medical Record Review Process
- Collection: This collects every pertinent detail of the medical record to be reviewed, including initial notes, medical interventions undertaken on the patient, and the latter’s instructions upon discharge from the hospital if applicable.
- Analysis: Such examination aims at examining the records for variations, omissions, protocol compliance or lack thereof.
- Expert Consultation: Calling on physicians for the interpretation of the findings and verification of the compliance to the practice standards.
Challenges in Medical Records Review
- Incomplete Records: Missing documentation can hinder the review process.
- Complexity of Medical Terminology: Medical language has many aspects which a common person may find hard to comprehend.
- Time Constraints: Lawyers sometimes review records under pressure and time limits.
Case Studies: Preventable Infections and Medical Malpractice
Case Study 1: Surgical Site Infection
An Overview of the Case: For instance, a 65-year-old patient with an existing knee replacement developed a serious wound infection after the surgery.
Challenges: The review of medical records revealed inadequate sterilization protocols and a lack of post-operative monitoring.
Solutions: An attorney hired a medical records analysis company which assisted in finding malpractice in the activity of the operative team.
Case Study 2: Catheter-Associated Urinary Tract Infection
Overview of the Case: A 45-year-old female patient developed a nosocomial catheter-associated urinary tract infection after staying in the hospital for too long.
Challenges: The medical records showed inconsistent documentation regarding catheter care and infection control measures.
Solutions: A thorough review highlighted the failure to follow established guidelines, which was crucial in building the case against the healthcare provider.
Best Practices for Attorneys in Medical Records Review
Collaborating with Medical Record Review Companies
Attorneys preparing for a case may also opt to do a case preparation in conjunction with medical records review companies. These firms can assist in the organization and analysis of complicated medical records and offer additional guidance that may be beneficial.
Utilizing Technology in Record Review
In reviewing records, EHR systems should be used, as well as data analytic technologies, to ease the review process. It is expected that these tools can assist in tracking patterns and outliers of patient care that are potentially negligent.
Continuous Education and Training
Attorneys ought to remain knowledgeable about changes in the trends that exist in medical malpractice law and in the practice of infection control. They may attend training events and workshops to further appreciate and bolster their chances to plead the case of preventable infections effectively.
Conclusion
Infections that could be prevented are of utmost harm to the patient safety and are also a source of complicated medical malpractice lawsuits. Attorneys represent clients and need to be well versed with the medical record review as it is an essential part of case building. The goal of the article is to address existing content gaps and render useful suggestions to legal practitioners so that they are able to deal with these difficult cases in an informed manner.