Law

Accountability in Healthcare: Why Negligence Claims Push Hospitals to Improve

August6 min read30 viewsNo Comments
Hospitals

Ever wondered what really forces a hospital to change the way it works?

Patients have confidence their doctors and nurses will do the right thing. Most patients are right. Sometimes hospitals make big mistakes. These mistakes can alter a family forever.

Here’s the problem:

Medical errors are increasing, not decreasing. The Joint Commission reported there were 1,575 serious safety incidents in 2024. This represents a 12% increase over the previous year.

So what pushes hospitals to fix the problem?

Very often… it’s a negligence claim.

Here’s what’s inside:

  • What Is A Standard Of Care Breach?
  • How Negligence Claims Hold Hospitals Accountable
  • Why Claims Push Hospitals To Get Better
  • What Hospitals Change After A Claim

What Is A Standard Of Care Breach?

Every doctor, nurse and hospital has to follow a “standard of care.”

The standard of care that a reasonable prudent medical professional would provide under the same circumstance. This is the starting point. The absolute least that you should provide to any patient.

A breach of standard of care occurs when a provider drops below the standard. Due to this, a patient suffers harm.

Common examples include:

  • Missing or delaying a diagnosis
  • Giving the wrong medication or dose
  • Surgical mistakes, like operating on the wrong site
  • Leaving tools or sponges inside a patient

Bad outcomes do not always mean negligence occurred. Medicine can be complicated and events may unfold negatively despite everyone performing their duties competently.

The key question is always the same:

Did the provider act the way a careful professional would have?

If the answer is no, a standard of care breach may have taken place.

How Negligence Claims Hold Hospitals Accountable

A negligence claim does two big jobs at once.

First, it helps the injured patient. When a breach of the standard of care results in actual injury, patients and families can seek compensation for medical malpractice. This helps cover medical bills, lost wages and pain following a preventable injury. That financial relief can mean everything to someone unable to work.

Second, it shines a light on what went wrong.

Think about it:

If there’s no claim made, an error can go undisclosed within the confines of a hospital. No one outside will ever know what happened. Factual information is revealed with a claim: records, timelines and staff decision.

And once the problem is out in the open… it’s much harder to ignore.

Hospitals have financial incentives to pay attention as well. Claims cost hospitals money, increase insurance premiums and damage a hospital’s reputation in the community.

No hospital wants that.

Why Claims Push Hospitals To Get Better

Here’s where things get interesting…

Don’t believe the money damages from a negligence claim will just disappear. They often start improvement within a hospital. Here’s why.

Claims Data Shows Where Things Go Wrong

Every closed claim tells a story.

It describes what occurred, when it occurred and why. Patterns emerge when hospitals review large numbers of these narratives.

For example, a hospital might notice that many claims involve:

  • Poor handoffs between shifts
  • Missed warning signs in the emergency room
  • Communication breakdowns during childbirth

When a hospital recognizes a trend, it can address the underlying cause. One health system that has done this is UMass Memorial Health Care in Massachusetts. They looked at their own claims data and improved access to emergency room ultrasound coverage and airway training.

Pretty smart, right?

Safer Care Means Fewer Claims

This is the part that makes the whole system click.

RAND conducted a study examining patient safety and malpractice claims in California. They found an association. Having 10 fewer adverse events corresponded to about 3.7 less malpractice claims per county.

That means hospitals have a simple choice:

  1. Keep making the same mistakes and keep facing claims.
  2. Improve patient safety and see fewer claims over time.

Option two is preferable because it improves safety for patients. It also reduces costs for hospitals. Additionally, it will allow staff to feel more confident in their job performance.

That’s a win-win-win.

Specialties That Turned Things Around

Some medical fields have already proven this works.

Medical malpractice litigation reached a crescendo in both anesthesia and obstetrics. Rather than simply defending these claims, physicians analyzed them. This analysis led to innovative guidelines for patient safety and treatment.

The outcome? Fewer injuries. Lower malpractice costs. And doctors in those specialties said they enjoyed their jobs more.

It honestly is that easy. Learn from failures… prevent them from occurring again.

What Hospitals Change After A Claim

So what does real change look like inside a hospital?

Rarely is it one magic bullet. It’s many small improvements compounded over time. Below are some typical remediations made by hospitals after the discovery of a standard of care breach:

  • Improved training: Employees are trained on new procedures such as recognizing the early symptoms of sepsis or handling a bad airway.
  • Safety checklists: Simple checklists before surgery help stop wrong-site and wrong-patient mistakes.
  • Improved communication: Hospitals implement improved processes during shift changes to prevent miscommunications.
  • Preventing falls: Bed alarms, supplemental assists and improved staff response help keep patients safe who are at risk of falling.

Patient falls. Patient falls were the most frequently reported Serious Safety Event category in 2024. There were 776 falls reported in the Joint Commission’s data.

Hospitals are also studying their “near misses.” Mistakes that almost occurred but were caught. They hope to prevent the next disaster before it happens to a patient.

But here’s the thing…

None of this occurs without demand. Accountability will keep hospitals accountable. Patients demanding responsibility from providers makes the entire system safer.

Putting It All Together

Negligence claims aren’t just about compensation. They’re one of the most effective ways patients can hold hospitals accountable.

When a standard of care breach happens, a claim can:

  • Help the injured patient recover their costs and move forward.
  • Expose the mistake so it can’t stay hidden.
  • Drive real change in training, systems and safety rules.

As RAND’s research demonstrates, safer hospitals have fewer claims. Fewer claims is good news for patients and providers.

To quickly recap:

  • Know what a standard of care breach looks like
  • Understand that claims bring mistakes into the open
  • See how claims data helps hospitals fix root causes
  • Remember that safer care leads to fewer claims

Accountability is not the opposite of quality healthcare. Accountability is one of the driving forces behind continually improving care.

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