Common Medical Laboratory Errors to Look Out For

Since doctors rely on lab tests for most of their medical decisions, the reliability of lab test results is critical. Failure to supply accurate and timely lab tests can result in all kinds of serious medical errors, with devastating consequences.

A 2023 study on the consequences of medical laboratory errors was published in BMJ Quality & Safety. The study, conducted by Johns Hopkins researchers, estimates that nearly 800,000 people in the U.S. suffer death or permanent disability each year due to diagnostic errors across 15 conditions including stroke, sepsis, lung cancer, and other disorders.

Frequently encountered errors

At some point, you might seek to file a medical malpractice claim over a laboratory error. Below is a summary of some of the errors you are most likely to run into.

Specimen misidentification

Specimen misidentification occurs when someone mislabels a laboratory specimen, such as a blood sample, with the wrong person’s identity. This can result in cascading catastrophic errors. Other than individual carelessness, one possible cause is a poor tracking system. Understaffing, which results in overworked staff, is another possible cause.

Pre-analytical errors

A pre-analytical error is an error that takes place before testing the sample. These errors include contamination of blood samples, improper storage, transport delays, and similar errors.

Testing errors

Testing errors occur in a variety of ways. Testing equipment or software might malfunction, for example, or technicians might bypass quality control protocols. Equipment and software errors might trigger a product liability claim, or it might be the fault of a laboratory official who negligently refused to invest in the right equipment or maintenance.

Communication errors

Once lab results are in (for better or for worse), the lab must communicate the results to the right people in a timely manner. The lab might report the test results to the wrong doctor or the wrong hospital, for example. It might misread test results and thereby report the wrong results to the right doctor.

Clerical errors

Clerical and data entry errors are simple mistakes. That is exactly what makes them so dangerous. The transposition of a single digit in lab results, for example, could result in the death of a patient.

Failure to follow up on questionable lab results

One important safeguard against most of the foregoing medical laboratory errors is the failsafe of always checking questionable lab results. Of course, sometimes even an error looks normal. But double-checking questionable results can eliminate a great many errors.

Inadequate staffing

The COVID-19 crisis drove home the lesson that understaffing, whether on the supply side or the demand side, results in increased medical errors. Understaffing leads to overworked employees, which leads to fatigue and errors. Understaffed laboratories also lead to rushed procedures, cutting corners, and poor oversight.

The legal standard for medical malpractice liability

A medical malpractice claim is a negligence claim. To establish medical malpractice, you must establish the medical standard of care. You must also prove that a breach of the applicable standard of care caused harm (damages) to a patient.

The medical standard of care

Two organizations make most of the rules that govern medical laboratory testing: (i) The Clinical & Laboratory Standards Institute (CLSI) and the College of American Pathologists. These two sets of standards govern specimen handling, quality control, and communication, among other activities.

Of course, proving liability involves more than simply proving the existence of generic standards of care, because not all relevant standards can be codified in written regulations. No set of formal standards can itemize every possible error that a healthcare practitioner might commit.

Breach of the standard of care (aka medical negligence)

A medical malpractice lawyer must apply the facts of the case to the applicable standard of care to determine if there was a breach of that standard. As alluded to above, clear evidence of violation of a written regulation is not absolutely necessary. It does, however, make it easier to prove that the defendant breached the standard of care.

Causation

Establishing medical negligence is not enough to establish liability. You must also prove that the medical negligence was the cause of the patient’s damages. This requires proving that:

• But for the medical negligence, the patient would not have suffered the damages they are complaining of.
• Given the fact of the medical negligence that occurred, the damages that the patient suffered were a foreseeable consequence.

The most common way to establish causation is through the testimony of a medical expert. But beware, because the defense might call its own expert.

Damages

Damages can include medical expenses, lost earnings, pain and suffering, emotional distress, loss of enjoyment of life, and other types of harm. In many jurisdictions, including Ohio and Kentucky, a court can apportion damages among various parties, such as the doctor, the hospital, and lab technicians. Ultimately, it will be the malpractice insurance providers for each of these parties that will probably pay the claim.

Should you sue or settle?

In many cases, the answer is both. Seek settlement, but be ready to file a lawsuit if you do not receive an acceptable settlement offer. Once you file a lawsuit you have not only beaten the statute of limitations deadline, you have gained access to the pretrial discovery process.

 

Gaining access to the pretrial discovery process means you can question the other side’s witnesses, seek answers to written interrogatories, and demand physical evidence and copies of documents. The other side can demand corresponding evidence from you. If you are seeking medical malpractice compensation from a healthcare provider, however, most of the relevant evidence will be in their possession. That is exactly why you probably need pretrial discovery.

Medical malpractice claims almost always require the assistance of an experienced lawyer

Medical malpractice claims tend to be complex. Not only will you need a lawyer to guide you through the process, but you also need an experienced medical malpractice lawyer in particular. This reality applies to settlement as well as litigation, since “all bargaining takes place in the shadow of the law.” Contact Kentucky/Ohio medical malpractice lawyers Crandall & Pera Law, LLC for a free initial consultation. We’re prepared to listen to your story and explain your options.