How to Safeguard Yourself from Malpractice in Healthcare

How to Safeguard Yourself from Malpractice in Healthcare

In the high-stakes world of healthcare, even a small error—such as administering the wrong medication or dosage—can have serious consequences. These types of mistakes may fall under the category of malpractice, a legal term that describes a healthcare provider’s negligent action resulting in patient injury and measurable damages.

Although healthcare professionals work under the guiding principle of “do no harm,” malpractice risks are part of the job—especially given the volume and complexity of modern patient care. Most providers will face at least one malpractice claim over the course of their career.

Fortunately, there are concrete steps healthcare professionals can take to reduce their risk. This article will walk you through:

• What qualifies as malpractice
• Common examples
• Unique risks in telehealth
• Actionable tips to protect yourself

What Is Malpractice?

Medical malpractice occurs when a healthcare provider violates the standard of care, resulting in patient injury and substantial harm. A valid malpractice claim typically includes four key elements:

1. Duty of care – A professional relationship existed between the patient and provider.
2. Breach of standard care – The provider failed to act according to accepted medical standards.
3. Causation – The patient was harmed specifically because of the provider’s negligence.
4. Damages – The injury caused significant losses (e.g., disability, financial hardship, pain, or extended medical treatment).

Malpractice lawsuits can be financially and emotionally draining. They also affect reputations and career trajectories. That’s why prevention is critical.

Malpractice vs. Workplace Harassment

It’s important to distinguish malpractice from workplace harassment:

• Malpractice involves harm to a patient due to professional negligence.
• Workplace harassment involves inappropriate conduct—based on race, gender, age, sexual orientation, or other protected characteristics—between colleagues in a professional setting.

If you're facing harassment, speak up clearly, document incidents, refer to your employee manual, and escalate concerns through HR or official channels.

Common Examples of Malpractice

Healthcare professionals should be aware of situations that may lead to claims, including:

• Unnecessary procedures
• Operating on the wrong site or body part
• Inadequate follow-up or discharge instructions
• Misdiagnosis or delayed diagnosis
• Prescribing the wrong medication or dosage
• Failing to order appropriate diagnostic tests

Malpractice Risks in Telehealth

As telemedicine continues to grow, so do the risks specific to virtual care. Examples include:

• Breach of patient privacy due to inadequate cybersecurity measures
• Diagnostic errors caused by limited physical assessments
• Technical failures, such as poor internet connectivity or software glitches
• Inconsistent documentation during or after virtual visits

To minimize risk, providers must be familiar with state-specific telehealth laws and ensure proper documentation, consent, and follow-up care during remote consultations.

How to Protect Yourself from Malpractice Claims

Here are five practical steps healthcare professionals can take to reduce the risk of malpractice:

1. Stay HIPAA-Compliant

• Do not discuss patient details on social media or in non-secure formats.
• Share information only with authorized individuals.
• Use encrypted platforms and follow your facility’s privacy protocols.

2. Communicate Clearly

• Document conversations, diagnoses, and instructions thoroughly.
• Follow up with patients about lab results, referrals, and treatment changes.
• Use patient-friendly language to avoid confusion and ensure understanding.

3. Obtain Informed Consent

• Always get written or verbal consent before procedures or sharing medical records.
• Ensure patients understand what they're agreeing to, including telehealth limitations.

4. Pursue Continuing Education

• Stay current on licensing requirements and state regulations.
• Take additional courses in patient safety, digital health, or emerging technologies.

5. Keep Accurate Records

• Document visits promptly and completely.
• Note symptoms, assessments, decisions, and follow-ups to protect against claims.
• Use templates and checklists when possible to maintain consistency.

Stay Protected, Stay Empowered

While malpractice risks are an unfortunate reality in healthcare, they don’t have to define your career. By staying informed, communicating effectively, and documenting your work with care, you can protect yourself while continuing to provide excellent care to your patients.

Looking for a workplace that values support, transparency, and clinician well-being? Find your next healthcare opportunity through GoodWork—the fastest-growing career platform for healthcare professionals.