Virginia Medical Malpractice Blog - Williamson & Lavecchia, L.C.

Majority of ER Patients Leave Hospital Confused about Treatment and Medications

According to a study, the vast majority of emergency room patients are discharged from the hospital without their diagnosis, treatment, and medications being adequately explained to them.  They are particularly at risk for medication errors and re-admission to the hospital and other serious injuries.

The study found that 78% of patients at two hospitals did not understand their diagnosis, their emergency room treatment, their instructions for at-home care including medications, and warning signs as to when they should return to the hospital. 

The study was reported in a New York Times article. According to the article, doctors are notorious for poorly communicating with patients.  The problem is compounded by the fact that many patients are elderly and suffering from vision and hearing deficits.  The biggest danger is with medication errors.  One study found that 40% of patients do not understand their prescription and have a medication error after leaving the hospital.  Often times the patient is labeled by the doctor or hospital as "non-compliant" which simply means blame is shifted to the patient for medical malpractice. 

One solution that experts have been recommending for years is what's called the "teach back" solution.  Asking the patient whether he or she understands the discharge instructions is insufficient.  Instead the patient should be asked to repeat it back to the doctor or nurse to confirm adequate understanding. 

The danger is that patients' illnesses may worsen at home and then the patient is right back at the hospital.  Even worse, the window to treat the patient may close and a life is tragically lost or permanently damaged due to medical malpractice.

Reading this article felt like vindication for many of our clients.  We have represented numerous victims of emergency room malpractice.  Most predictably the doctors and hospitals often attempt to shift the blame to the patient: "The patient did not follow my instructions."  "The patient should have returned to the hospital."  "The patient did not take the medications properly."  Most of the time those excuses reflect a culture of failing to take responsibility for medical malpractice.  

Medical malpractice lawsuits not only seek to compensate the victims, but they serve to hold doctors, hospitals, and nurses accountable.  Just as importantly, medical malpractice lawsuits create a strong incentive to improve the quality of care for all patients. 

If you or a family member is a victim of medical malpractice in Virginia, please call us at (804) 288-1661 or click here to email us to discuss your legal rights.  


Josh Silverman