Skip to content
  • About
  • Contact
  • Contribute
  • Book
  • Careers
  • Podcast
  • Recommended
  • Speaking
  • All
  • Physician
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • Video
    • All
    • Physician
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • Video
    • About
    • Contact
    • Contribute
    • Book
    • Careers
    • Podcast
    • Recommended
    • Speaking

The difference between complications and negligence

Michael Kirsch, MD
Conditions
November 17, 2012
Share
Tweet
Share

A patient who was minutes away from his colonoscopy, asked me how many colonoscopies I had performed. Before I could answer, he quickly followed-up asking if any of my patients developed perforation of the colon after the procedure.

I satisfied his initial inquiry when I informed him that I have intruded into at least 20,000 colons in the past 2 decades. With regard to his second and more ‘penetrating’ question, I told him, yes, there have been a few perforations. I continued the dialogue in order to place the issue in context for him and his wife so he wouldn’t be spooked before his procedure. We didn’t want a panicked patient leaping off the gurney and high-tailing through our waiting room in a flapping opened-back gown to the parking lot. Fortunately, our discussion accomplished its purpose and his procedure proceeded calmly and uneventfully.

Sure, complications matter, but numbers can deceive. Our most highly experienced physicians have likely had more complications than other medical colleagues, although their complication rate may be very low. For example, a known complication of heart surgery is the dreaded complication of a stroke. A heart surgeon, who has operated on thousands of patients, may have had 25 stroke complications. A younger surgeon, however, may have only have had 3 or 4 stroke complications in his briefer career. Which surgeon would you choose?

In addition, a doctor’s higher complication rate may reflect that he accepts more risky and challenging patients that other physicians have rejected.

Perforation of the colon after a colonoscopy is a terrible event, mostly for the patient and the family, but also for the physician. While it is rare, it is inevitable. If your gastroenterologist has never had one, he likely has very limited experience. If this is the case, don’t jump off the gurney. Recognize, however, that a perfect record doesn’t mean medical perfection.

Keep in mind that complications are blameless events. They are not negligent. If you prescribe penicillin to a patient who denies allergies, and a severe rash develops, then a complication has occurred. The physician is not culpable. However, if the patient had a known penicillin allergy, and the physician neglected to inquire about medication allergies, then the same rash is not a complication, but is the result of medical negligence. The distinction between complications and negligence is not appreciated by most lay individuals and many plaintiff attorneys.

Physicians will be increasingly tracked on various ‘quality’ measurements that will be accessible to the public. While knowledge is power, incomplete and deceptive knowledge can mislead and confuse. When you are reviewing the quality statistics on your doctor, be skeptical that this data is a true measurement of medical quality.  In medicine, what really counts can’t be easily counted.  Conversely, what’s easy to measure rarely measures up.

While poking a hole in the colon is thankfully a rare event, pay-for-performance and other medical quality initiatives have more holes than Swiss cheese. These are not complications.  It’s negligence.

Michael Kirsch is a gastroenterologist who blogs at MD Whistleblower.

Prev

Is it possible to ignore prostate cancer?

November 17, 2012 Kevin 3
…
Next

Enjoying ourselves is far harder than it sounds

November 17, 2012 Kevin 0
…

Tagged as: Gastroenterology, Malpractice

Post navigation

< Previous Post
Is it possible to ignore prostate cancer?
Next Post >
Enjoying ourselves is far harder than it sounds

ADVERTISEMENT

More by Michael Kirsch, MD

  • Are Ozempic patients on a slow-moving runaway train?

    Michael Kirsch, MD
  • AI-driven diagnostics and beyond

    Michael Kirsch, MD
  • The surprising truth behind virtual visits

    Michael Kirsch, MD

More in Conditions

  • Why senior-friendly health materials are essential for access

    Gerald Kuo
  • Why smoking is the top cause of bladder cancer

    Martina Ambardjieva, MD, PhD
  • How regulations restrict long-term care workers in Taiwan

    Gerald Kuo
  • The obesity care gap for U.S. women

    Eliza Chin, MD, MPH, Kathryn Schubert, MPP, Millicent Gorham, PhD, MBA, Elizabeth Battaglino, RN-C, and Ramsey Alwin
  • What heals is the mercy of being heard

    Michele Luckenbaugh
  • Why police need Parkinson’s disease training

    George Ackerman, PhD, JD, MBA
  • Most Popular

  • Past Week

    • Why feeling unlike yourself is a sign of physician emotional overload

      Stephanie Wellington, MD | Physician
    • Accountable care cooperatives: a community-owned health care fix

      David K. Cundiff, MD | Policy
    • How should kratom be regulated? [PODCAST]

      The Podcast by KevinMD | Podcast
    • Preventive health care architecture: a global lesson

      Gerald Kuo | Conditions
    • Modern eugenics: the quiet return of a dangerous ideology

      Arthur Lazarus, MD, MBA | Physician
    • Telehealth stimulant conviction: lessons from the Done Global case

      Timothy Lesaca, MD | Conditions
  • Past 6 Months

    • Direct primary care in low-income markets

      Dana Y. Lujan, MBA | Policy
    • Patient modesty in health care matters

      Misty Roberts | Conditions
    • The U.S. gastroenterologist shortage explained

      Brian Hudes, MD | Physician
    • The Silicon Valley primary care doctor shortage

      George F. Smith, MD | Physician
    • California’s opioid policy hypocrisy

      Kayvan Haddadan, MD | Conditions
    • A lesson in empathy from a young patient

      Dr. Arshad Ashraf | Physician
  • Recent Posts

    • How should kratom be regulated? [PODCAST]

      The Podcast by KevinMD | Podcast
    • Physician leadership communication tips

      Imamu Tomlinson, MD, MBA | Physician
    • Why senior-friendly health materials are essential for access

      Gerald Kuo | Conditions
    • Why developmental and behavioral pediatrics faces a recruitment collapse

      Ronald L. Lindsay, MD | Physician
    • Valuing non-procedural physician skills

      Jennifer P. Rubin, MD | Physician
    • How genetic testing redefines motherhood [PODCAST]

      The Podcast by KevinMD | Podcast

Subscribe to KevinMD and never miss a story!

Get free updates delivered free to your inbox.


Find jobs at
Careers by KevinMD.com

Search thousands of physician, PA, NP, and CRNA jobs now.

Learn more

Leave a Comment

Founded in 2004 by Kevin Pho, MD, KevinMD.com is the web’s leading platform where physicians, advanced practitioners, nurses, medical students, and patients share their insight and tell their stories.

Social

  • Like on Facebook
  • Follow on Twitter
  • Connect on Linkedin
  • Subscribe on Youtube
  • Instagram

ADVERTISEMENT

ADVERTISEMENT

  • Most Popular

  • Past Week

    • Why feeling unlike yourself is a sign of physician emotional overload

      Stephanie Wellington, MD | Physician
    • Accountable care cooperatives: a community-owned health care fix

      David K. Cundiff, MD | Policy
    • How should kratom be regulated? [PODCAST]

      The Podcast by KevinMD | Podcast
    • Preventive health care architecture: a global lesson

      Gerald Kuo | Conditions
    • Modern eugenics: the quiet return of a dangerous ideology

      Arthur Lazarus, MD, MBA | Physician
    • Telehealth stimulant conviction: lessons from the Done Global case

      Timothy Lesaca, MD | Conditions
  • Past 6 Months

    • Direct primary care in low-income markets

      Dana Y. Lujan, MBA | Policy
    • Patient modesty in health care matters

      Misty Roberts | Conditions
    • The U.S. gastroenterologist shortage explained

      Brian Hudes, MD | Physician
    • The Silicon Valley primary care doctor shortage

      George F. Smith, MD | Physician
    • California’s opioid policy hypocrisy

      Kayvan Haddadan, MD | Conditions
    • A lesson in empathy from a young patient

      Dr. Arshad Ashraf | Physician
  • Recent Posts

    • How should kratom be regulated? [PODCAST]

      The Podcast by KevinMD | Podcast
    • Physician leadership communication tips

      Imamu Tomlinson, MD, MBA | Physician
    • Why senior-friendly health materials are essential for access

      Gerald Kuo | Conditions
    • Why developmental and behavioral pediatrics faces a recruitment collapse

      Ronald L. Lindsay, MD | Physician
    • Valuing non-procedural physician skills

      Jennifer P. Rubin, MD | Physician
    • How genetic testing redefines motherhood [PODCAST]

      The Podcast by KevinMD | Podcast

MedPage Today Professional

An Everyday Health Property Medpage Today
  • Terms of Use | Disclaimer
  • Privacy Policy
  • DMCA Policy
All Content © KevinMD, LLC
Site by Outthink Group

Leave a Comment

Comments are moderated before they are published. Please read the comment policy.

Loading Comments...