What Every Patient Should Know About Medical Negligence — Insights from Steve Crandall on Behind the Knife
Steve Crandall recently spoke on the podcast Behind the Knife to discuss important lessons from his three decades of medical-malpractice litigation experience. While Steve began as a defense lawyer for the Cleveland Clinic, he switched to representing injured patients and families decades ago, and continues to do so in Ohio and Kentucky. During an in-depth discussion, he shared what patients can learn about how medical systems fail, why communication matters, and what to do after a medical tragedy.
Why Steve Crandall switched sides
During the podcast, Steve described his decision to switch to representing plaintiffs. He had started working in medical malpractice defense and held a deep respect for the medical profession and physicians.
“I absolutely fell in love with medicine… At one point in time, I was the youngest lawyer to handle any defense cases for the Cleveland Clinic Foundation,” he said.
However, he later began noticing an increasing number of systemic problems in the industry. He pointed out that it was those systemic issues, and not bad doctors, that were responsible for most of the harm caused to patients. In 2001, he made the switch and started representing plaintiffs in his boutique medical malpractice firm.
The systemic crisis in medical care
The volume and severity of malpractice cases have never been higher. Steve expressed that he’s seen deaths, paralysis, and brain injury cases becoming more common. According to him, there are several issues causing this influx.
First, insurance reimbursement models are forcing doctors to supervise multiple ancillary providers (PAs and CNPs). Inexperienced providers end up handling complex situations that physicians should directly manage. Also, Electronic Medical Records (EMRs) and templated notes are replacing detailed, individualized documentation. Shortened patient visits and copy-pasted notes now mask gaps in patient care. And breakdowns in communication among subspecialties are becoming more of an issue after surgery.
Steve also described EMR “audit trails,” which show when and where providers enter data. These reveal how long a provider spent with a patient and show which parts of the record they filled in before or after the visit. Based on those records, doctors aren’t often spending enough time with patients, which often means they aren’t taking time to listen and fully understand their symptoms and concerns.
Communication failures are the leading driver of lawsuits
Steve stated that direct communication and empathy can prevent lawsuits. Doctors who sit down with their patients and explain everything don’t often face legal claims. In fact, Ohio law also protects doctors who explain and apologize if something goes wrong. That conversation can’t be used in court. Patients who experience an issue should speak to their doctor and demand an open, honest conversation and a written explanation of what happened. Silence after a medical error isn’t acceptable.
A case that exposed the dangers of template medicine
Steve shared a heartbreaking case to highlight the risks of templated care. A young boy went to urgent care, where they misdiagnosed him. He later became septic and lost all four of his limbs. According to the audit trail, the facility pre-selected discharge before seeing the child, used a template note, and falsely documented that they had performed an exam. That case settled for $15 million, which will help the family provide the boy with the care, treatment, and support he needs. But that won’t restore the child’s lost limbs. The real takeaway is that poor documentation and inattentive care can destroy lives.
Where the system breaks down for patients
When a hospital or other care facility systematically fails, it can result from multiple causes. Perhaps overworked, undertrained staff, including nurses, may miss key warning signs in patients, like elevated respiratory rates or abnormal vitals, because they are rushing from room to room. Or maybe specialists are failing to coordinate or clarify who’s checking in and following up with patients post-operation, leading to missed infections and other complications. Doctors who are pressured by administrators to rush their exams might cut corners, causing harm to their patients.
Protecting yourself and your loved ones
If you were injured by negligent medical care, you understand how quickly something can go wrong – and how lasting the consequences can be for the victim and their family. It’s good to keep in mind the things you can do to prevent these issues from happening in the first place. While it’s your provider’s obligation to provide quality care, some takeaways about how you can proactively safeguard yourself and your family include:
- Ask questions: Take the time to understand every step of your care and all instructions for your discharge.
- Request clarity on follow-up care: Never assume that your providers are speaking to one another. Make sure you know who to follow up with and connect with that provider.
- Confirm who’s in charge: If you speak to a nurse practitioner or a physician’s assistant, ask whether a physician will review your chart. Find out who is ultimately responsible for your care.
- Document your own care: Keep your own copies of any lab results and visit summaries.
- Be alert to changes: If something feels wrong or off after surgery, don’t wait to see if it improves. Speak to a doctor and demand an evaluation.
- When in doubt, seek legal guidance early: Patients may not even know that their doctor committed malpractice. If you think something went wrong, talk to an attorney as soon as possible. Gathering evidence and information becomes more challenging as time passes.
For families facing a medical tragedy
The worst thing you can do is ignore the possible cause of a tragic outcome. While it might not be the thing you want to focus on, you should start taking steps to collect information. Record any dates, names, and communications while your memories are fresh. If you have concerns, promptly report them to the hospital administration. Remember to avoid altering or deleting any medical records, as having accurate and complete documentation is important.
Why the system needs reform
According to Steve, it’s the system that’s broken. It’s not that doctors are the enemy. Physicians are
He made a plea for collaborative reform that offers fair reimbursement models, physician-led care decisions and honest self-review within hospitals (instead of blame or denial).
His final takeaway was, “It’s tough to be human,” and while mistakes happen, honesty and accountability matter most. Care providers should never alter records or cover up errors because doing so could be a “career-changing” action. Open communication is vital for patients and care providers – it’s also your best defense against medical system failures.
If you suspect malpractice or serious medical errors, contact Crandall & Pera Law for a consultation. It’s our mission to advocate for patients and families harmed by preventable medical negligence in Ohio and Kentucky. Call us or fill out our online form to schedule a call.