Medical malpractice is costly, risky, and potentially deadly. Naturally, doctors, patients, and even regulatory authorities are all aligned on the side of making changes to reduce the prevalence of medical malpractice.
Improved technology can mitigate risks and improve accuracy, but just how much of a role can tech play in eliminating medical malpractice?
A Primer on Medical Malpractice
Let’s start with a primer on medical malpractice. Medical malpractice is a form of negligence in which a doctor or other medical professional breaches their duty to the patients they serve in a way that causes harm. There are many things that could fall under this category, including misdiagnosis, lack of diagnosis, birth injuries, surgical errors, and much more.
Medical malpractice is more than a simple error. Doctors and other medical professionals have significant protections under the law, and many erroneous diagnoses and medical actions are reasonable, given the information that those professionals have to work with. To demonstrate medical malpractice, it must be shown that the action or lack of action was unreasonable in the context of that professional field.
Medical malpractice attorneys are experts in identifying and exercising legal action against medical professionals who don’t act responsibly. With the help of a lawyer, you can dig into the details of your specific case, examine and discover new evidence, contact expert witnesses for testimony, and ultimately put together a claim.
Technology has the potential to minimize, and perhaps even eliminate medical malpractice, not only because of its ability to organize information and execute certain tasks, but also because of how it can be used by various professionals.
Technology for Better, More Consistent Medicine
New technologies are improving our medical care, and in many ways. When properly harnessed, medical technology can greatly reduce the prevalence of errors.
- Diagnostic tests. Medical technology also comes in the form of new diagnostic tests, which can act quicker, more accurately, and with greater precision. Nearly all medical tests have room for error, but that gap is getting smaller and smaller with each technological advancement.
- Visits and communication. Hospitals and other healthcare facilities are rapidly adopting new apps and platforms for better visits and patient communication. This can help reduce the communication gap between doctors and patients, giving doctors and other professionals access to more information than ever before. As a peripheral benefit, this also improves the overall patient experience, perhaps making patients less likely to file medical malpractice claims.
- Recordkeeping and information consistency. The medical profession has gone through a rapid transformation in the past few decades, as paper recordkeeping has made way for all digital recordkeeping. It’s still possible for there to be errors in digital records, but mistakes are much less likely since professionals are working with singular sources of truth, with lots of checks and balances to guard against potential errors.
- Robotic surgeons and beyond. Robotic surgeons are growing in prevalence and popularity – and they may be merely the first wave of robotics in medicine. As it stands, robotic surgeons are superior to human surgeons in many use cases, and as this technology evolves, we can expect it to become even better. Accordingly, it’s conceivable that surgical errors and mistakes with anesthesia may one day become things of the past. That said, we also need to keep in mind that some surgeries are much more complicated than others, and all of them are in line to be replaced with robotics.
- AI and ML analytics. Another major technological breakthrough has been the combination of artificial intelligence (AI) and machine learning (ML). Thanks to advanced analytical tools, medical researchers and practicing professionals can quickly consolidate and better understand vast amounts of information. Not only will this lead to faster, more objective breakthroughs in medical knowledge, but it will also make it easier for doctors to review information as needed for individual patients.
- Patient access to information. Today’s patients also have access to advanced technology. With a simple search, even a layperson can get access to medical studies and records that can help them better understand their symptoms, any conditions they may have, and the medical context of what they’re experiencing. While patients without medical knowledge or experience shouldn’t be diagnosing themselves, this information can help them communicate more effectively with their care providers.
- Educational resources. Finally, advanced technology is making it faster and easier to teach medical professionals and professionals in training the latest principles of our scientific understanding. Medical malpractice is often a result of applying antiquated information, so this breakthrough is quite valuable in reducing harm and potential claims.
Technology and the Law
We can also consider technological advancements in the legal realm. Many law firms are already employing legal AI in an effort to streamline productivity, automate menial tasks, and generally make their lives easier. With the help of these types of tools, lawyers can quickly and efficiently evaluate previous cases, research rules, compile evidence, and more.
This sophisticated technology will make it faster and easier for lawyers to determine where and when malpractice has occurred. While this probably won’t reduce the total number of medical malpractice claims, it will make medical malpractice as a field much more streamlined and comprehensible.
Other Factors
However, there are some limitations to new medical technologies. No matter how advanced technology gets, medical professionals will probably still rely on the subjective communications of patients. Generative AI and other interpretive tools may be able to assist with this, but this remains a rather nebulous area that even our most advanced technology can’t currently solve.
The Bottom Line
The bottom line here is that advanced medical technology and legal technology can drastically change the environment of medical malpractice in the coming years. Decades from now, it’s conceivable that the total number of medical malpractice claims drops precipitously, as there are fewer errors and breaches of duty happening. Still, there are enough confounding factors and limitations of technology that it’s unlikely for medical malpractice to entirely disappear.
