Understanding How Malpractice Law Holds Medical Professionals Accountable

December 8, 2025

Healthcare is one of the most critical aspects of our lives, yet even in the most advanced medical systems, mistakes can happen. Patients trust medical professionals with their well-being, often in vulnerable moments, and when something goes wrong, there needs to be a way to hold providers accountable. That’s where malpractice law comes into play. It serves as a vital safeguard, ensuring that doctors, nurses, and other healthcare professionals adhere to established standards of care while providing a path for patients to seek justice when harm occurs.


Understanding how the law works isn’t just important for medical professionals—it’s essential for patients and families alike. From preventing errors to promoting transparency, this legal framework touches nearly every aspect of healthcare. According to Forbes, one in three medical providers are sued for malpractice during their careers, highlighting just how common these legal matters can be. In this article, we’ll explore the history, purpose, and impact of malpractice law, examining how it protects patients, guides professionals, and shapes the future of medical accountability.


Ensuring Accountability in Healthcare


The importance of malpractice law in healthcare cannot be overstated. This legal framework exists to ensure that doctors, nurses, and other medical professionals provide care responsibly and ethically. Every patient deserves safe, competent treatment, and when errors occur, there must be a mechanism to hold the responsible parties accountable. This law provides that mechanism. It not only serves as a way for patients to seek justice but also functions as a deterrent, encouraging medical professionals to adhere to established standards and best practices.


 While lawsuits may seem alarming, they play a critical role in keeping the healthcare system accountable. They provide a structured way to investigate claims, determine if errors occurred, and ensure that appropriate actions are taken. Ultimately, malpractice law serves the dual purpose of protecting patients while reinforcing the responsibilities of medical professionals.


Medical errors can happen in any healthcare setting. From small clinics to large hospitals, no facility is entirely immune. What makes the law essential is its ability to maintain a balance: safeguarding patient rights while allowing medical providers to continue practicing responsibly. Through clear legal standards, healthcare professionals are encouraged to stay up to date with evolving medical knowledge and practices, which benefits everyone in the long run. Patients also gain confidence knowing that legal protections exist, encouraging open communication with their providers and fostering a culture of trust in healthcare. Awareness of these protections can also empower patients to ask questions, seek second opinions, and take an active role in their care.


Tracing the History of Medical Liability


Medical liability developed from the basic idea that patients deserve safe, responsible care. As healthcare grew more complex, so did the expectations placed on medical professionals. Communities began creating guidelines to help ensure that providers acted with care, communicated clearly, and respected the well-being of those they treated.


Over time, these early expectations turned into more organized systems meant to address concerns when something went wrong. Rather than focusing on blame alone, medical liability gradually shifted toward promoting safer practices, encouraging transparency, and giving patients a way to voice their experiences.


Defining Standards and Responsibilities


At the core of malpractice law is the standard of care, which establishes what competent medical professionals are expected to do in specific situations. When a provider deviates from these standards and harm occurs, the law ensures accountability and offers a pathway for patients to seek remedies.


A malpractice claim typically involves four elements: duty of care, breach, causation, and damages. Duty of care refers to a professional’s obligation to provide treatment according to accepted practices. A breach occurs when this duty is not met. Causation links the breach to the harm experienced, and damages reflect the impact on the patient. This framework ensures claims are evaluated fairly and consistently.


Standards of care are also dynamic. As medicine advances, so do expectations for outcomes. Emerging technologies, new treatments, and updated clinical practices all influence how the law is applied, ensuring patients are protected in an evolving healthcare landscape. These standards are vital not only for litigation but also for guiding healthcare providers in everyday decisions, encouraging a proactive approach to safety and ethical care. They also help medical teams establish internal protocols and continuous quality improvements to prevent mistakes before they happen.


Identifying Common Types of Claims


Medical errors can arise in many ways, and malpractice law covers a variety of scenarios. Misdiagnosis or delayed diagnosis is one of the most common areas. Failing to recognize or correctly interpret symptoms can worsen conditions, and legal accountability encourages careful assessment, thorough testing, and proper documentation.


Surgical and anesthesia errors, while less common, carry serious consequences. Mistakes such as wrong-site procedures, retained instruments, or improper dosing highlight the need for meticulous protocols. Medication errors, including incorrect prescriptions or administration, also fall under legal scrutiny. Obstetric and childbirth-related incidents, such as delayed cesarean sections or improper monitoring, can have lasting impacts on both mother and child.


By addressing these areas, the law not only provides recourse for affected patients but also encourages improvements in medical practices and patient safety. Additionally, awareness of these common claims helps patients become more informed and engaged in their healthcare, fostering a collaborative approach to treatment and prevention of errors. 


Understanding Professional Consequences


Facing a malpractice claim can be challenging for healthcare providers. Legal outcomes may involve financial settlements or court judgments. Professional licenses may also be impacted by investigations or disciplinary actions, even when claims do not result in legal penalties.


Claims can also take a psychological toll. Anxiety, stress, and burnout are common among healthcare professionals involved in litigation. Financial impacts extend beyond settlements, including legal fees, insurance premiums, and potential lost income. Through risk management, documentation, and adherence to standards, providers can reduce the likelihood of claims and maintain professional stability. Building a culture of safety within healthcare practices not only protects patients but also supports the mental well-being and confidence of medical staff. 


Exploring the Role of Insurance


Malpractice insurance complements malpractice law by protecting medical professionals from the financial risks associated with legal claims. Policies typically cover legal defense costs, settlements, and court awards, allowing providers to focus on patient care with confidence.


The presence of insurance also indirectly promotes patient safety. Knowing that legal and insurance scrutiny will occur encourages healthcare providers to follow established protocols, communicate effectively, and document care thoroughly. Together, insurance and the law form a system that balances patient protection with professional security, supporting ethical and accountable healthcare practices. Furthermore, insurance providers often offer risk management resources, helping practitioners prevent mistakes and improve patient outcomes over time. This proactive approach highlights how legal frameworks and insurance work hand in hand to strengthen healthcare systems overall.


Looking Ahead in Medical Accountability


As healthcare continues to evolve, malpractice law must adapt to new challenges. Telemedicine, artificial intelligence, and digital health tools all introduce complexities in defining responsibilities and ensuring patient safety. Legal frameworks are adjusting to address these technologies while maintaining accountability.


Future reforms are likely to emphasize prevention, education, and alternative dispute resolution methods like mediation or arbitration. These approaches can reduce stress and costs while fostering cooperation between patients and providers. By focusing on accountability, safety, and fair legal processes, the law will continue to protect patients and guide healthcare professionals. If you or a loved one have been affected by medical negligence, contact The Edmond Firm for support navigating
malpractice law and safeguarding your rights.


By Ashley Mills August 31, 2026
Wrong Drug Injected Into Patients’ Spines: Nashville Hospital Medication Error Injures Four Patients preparing for joint-replacement surgery place extraordinary trust in their healthcare providers. They expect the medications selected, prepared, labeled, verified, and administered during their procedures to be correct. On August 14, 2026, that system reportedly failed at Ascension Saint Thomas Hospital Midtown in Nashville. According to the hospital, four patients scheduled for joint-replacement procedures mistakenly received potassium phosphate instead of mepivacaine, the anesthetic intended for their spinal injections. All four patients experienced adverse health reactions. One publicly identified patient, 72-year-old Glenda Dorton, was reportedly left unable to feel or move her body from the chest down. The hospital has acknowledged that a medication error occurred in its pharmacy, apologized for the resulting harm, and announced several corrective measures. State and federal regulators have reviewed the incident, and the Tennessee Bureau of Investigation opened an investigation following a referral from the Tennessee Health Facilities Commission. For patients and families, this case raises a critical question: How can the wrong medication pass through multiple layers of a hospital’s safety system and reach a patient’s spine? What Happened at Ascension Saint Thomas Midtown? Seven patients were reportedly scheduled for joint-replacement surgery at Ascension Saint Thomas Midtown on August 14. The hospital later confirmed that four of those patients received the wrong medication. Instead of receiving mepivacaine, a local anesthetic used to block pain, the patients were administered potassium phosphate. The medication was reportedly delivered through spinal injections as part of their surgical care. Ascension described the event as an isolated pharmacy medication error and stated that a comprehensive review determined that no additional patients were affected. The hospital also confirmed that the four patients experienced adverse reactions and received immediate medical treatment. One Patient Reportedly Awoke Unable to Move Glenda Dorton, a 72-year-old woman from Centerville, Tennessee, was undergoing knee-replacement surgery when she allegedly received the incorrect medication. According to statements her family provided to news organizations, the procedure initially appeared to have gone as expected. When Dorton awakened, however, she reportedly could not feel or move anything from approximately her chest—or sternum—down. She was transferred to another Ascension facility, where physicians reportedly performed an emergency procedure to drain her spinal fluid. She was also placed on a ventilator. Her family reported that she was diagnosed with a spinal cord injury around the T6 level. The hospital has acknowledged that four patients were harmed but has not publicly confirmed the individual patients’ diagnoses or long-term prognoses. Public information concerning the conditions of the other three patients remains limited. Why Is a Medication Error Involving the Spine So Dangerous? Spinal anesthesia involves placing medication near the nerves responsible for sensation and movement. Because the medication is delivered into a highly sensitive area, accuracy is essential. Mepivacaine and potassium phosphate are not interchangeable. Mepivacaine is a local anesthetic intended to interrupt nerve signals and control pain during certain procedures. Potassium phosphate is generally used to treat or prevent low phosphate levels under carefully controlled medical circumstances. When an unintended substance is introduced into or around the spinal space, it may damage neural tissue and disrupt the functions controlled by the spinal cord. Potential consequences may include: Severe neurological injury Loss of sensation Partial or complete paralysis Respiratory complications Loss of bowel or bladder function Chronic pain Reduced mobility Loss of independence The need for lifelong rehabilitation or supportive care The severity and permanence of an injury depend on multiple factors, including the substance involved, its concentration and dosage, the injection site, the patient’s condition, and how quickly the error is recognized and treated. The Hospital Acknowledged a Pharmacy Error Ascension Saint Thomas stated that its review traced the mistake to an event within the hospital pharmacy. Its public statement identified potassium phosphate as the medication mistakenly supplied in place of mepivacaine. The hospital apologized to the patients and families and said its clinical teams were continuing to provide dedicated care. Ascension also stated that it self-reported the incident to state regulators after identifying the error. The hospital subsequently announced several changes to its pharmacy and medication-safety procedures. Those measures reportedly include: Separating and distinctly marking high-alert medications Creating mandatory “hard stop” procedures when a spinal-medication scan produces an alert Requiring escalation and independent verification before proceeding Requiring a second trained pharmacist to conduct final visual and physical checks Engaging outside quality experts to review and validate the corrective-action plan These safeguards are important because serious medication errors rarely result from a single isolated action. They may involve breakdowns in storage, selection, labeling, scanning, verification, communication, or administration. How Do Wrong-Drug Errors Reach Patients? Hospitals generally use several layers of protection to prevent medication errors. A medication may pass through prescribing, pharmacy preparation, labeling, dispensing, transportation, storage, scanning, verification, and administration before it reaches a patient. An error at any one stage should ideally be caught at another. When the wrong medication is administered, investigators may need to determine whether multiple defenses failed. Potential contributing issues may include: Similar packaging or labeling Medications stored too closely together Incorrect selection from pharmacy inventory Improper preparation or compounding Incomplete or inaccurate labeling Barcode-scanning failures or overridden alerts Failure to perform an independent double-check Communication breakdowns between pharmacy and clinical teams Inadequate staffing or excessive workload Insufficient training or supervision Policies that existed on paper but were not consistently followed Technology that failed to distinguish between incompatible medications A meaningful investigation should examine the entire medication-use system—not simply identify the last person who handled the drug. Why “High-Alert” Medication Safeguards Matter Some medications present an elevated risk of catastrophic harm if they are selected or administered incorrectly. Hospitals may designate these drugs as high-alert medications and implement additional safeguards around their storage and use. Those protections can include physical separation, distinctive warning labels, restricted access, barcode verification, electronic alerts, and mandatory review by a second qualified professional. Ascension’s decision to implement isolated storage and independent dual verification after the incident suggests that these safeguards are central to preventing a similar event. However, determining exactly why the existing system failed will require reviewing the conditions and procedures in place before the four patients were injured. Corrective action after an error is essential. It does not erase the harm already suffered or answer whether reasonable precautions could have prevented it. State and Federal Authorities Are Reviewing the Incident The Tennessee Bureau of Investigation opened an investigation after receiving information from the Tennessee Health Facilities Commission. News reports indicate that the investigation remains active. Ascension has also received a survey report from the Centers for Medicare & Medicaid Services concerning the pharmacy event. The hospital said it is cooperating with state and federal surveyors and takes the findings seriously. An investigation does not, by itself, establish criminal or civil liability. The legal system distinguishes among an unintended mistake, professional negligence, reckless conduct, and an institutional failure to maintain adequate safety systems. No criminal charges had been publicly announced at the time of publication. Is a Hospital Responsible for a Pharmacy Medication Error? A hospital may potentially be held legally responsible when the negligence of its employees, pharmacy personnel, policies, technology, or medication-management systems causes a patient’s injury. Depending on the facts and applicable law, responsibility may involve: The hospital or healthcare system A hospital pharmacy Pharmacists or pharmacy technicians Nurses or other clinical personnel Physicians or anesthesia providers Outside medication suppliers Drug-packaging or labeling companies Technology vendors responsible for defective safety systems The existence of a serious injury does not automatically prove medical malpractice. A successful claim generally requires evidence that a healthcare provider or institution failed to meet the applicable standard of care and that the failure caused or substantially contributed to the patient’s injuries. When a hospital has already acknowledged that the wrong medication was administered, major questions may remain regarding causation, institutional responsibility, the extent of each patient’s injuries, and the compensation necessary to address their future needs. The True Cost of a Catastrophic Medication Error The consequences of paralysis or a serious spinal cord injury extend far beyond the initial hospitalization. An injured patient may require: Emergency and intensive care Additional surgeries Inpatient rehabilitation Physical and occupational therapy Respiratory support Mobility equipment Home and vehicle modifications In-home nursing or attendant care Treatment for chronic pain Psychological support Assistance with daily activities Ongoing medical monitoring Replacement of lost income Long-term or lifetime care A catastrophic-injury case must evaluate not only the bills a patient has already received but also the medical, financial, and personal impact the injury is expected to have over the remainder of the patient’s life. That evaluation may require testimony from physicians, rehabilitation specialists, life-care planners, economists, vocational experts, and other qualified professionals. What Should Families Do After a Suspected Medication Error? Families may receive incomplete or changing information immediately after a serious medical event. Hospitals may conduct internal investigations, but patients should not assume that an internal review will preserve every fact necessary for an independent legal claim. Patients and families should consider taking the following steps: Request complete medical and pharmacy records Preserve medication lists and discharge instructions Document what healthcare providers said about the error Write down a detailed timeline while events remain fresh Save photographs, videos, bills, and correspondence Identify family members or other witnesses who were present Avoid signing releases without understanding their effect Consult an experienced medical-malpractice attorney promptly Evidence may include pharmacy records, medication-administration records, barcode scans, electronic alerts, surveillance footage, staffing information, internal policies, incident reports, and communications among pharmacy, nursing, surgical, and anesthesia personnel. Some of that evidence may not remain available indefinitely. What This Nashville Case Means for Georgia Patients Although this incident occurred in Tennessee, medication errors can occur in hospitals, pharmacies, surgical centers, nursing facilities, and clinics throughout Georgia. Georgia medical-malpractice claims are governed by specific procedural rules and filing deadlines. They may also require qualified expert review before a lawsuit can proceed. When a medication error produces paralysis, neurological damage, respiratory failure, or another catastrophic injury, early investigation is critical. The central questions may include: What medication was ordered? What medication was prepared and dispensed? How was it labeled and stored? Were barcode warnings generated? Were any warnings ignored or overridden? Was an independent verification required? Who had responsibility at each stage? When was the error discovered? Could earlier intervention have reduced the harm? What care will the patient require in the future? Answers to those questions can reveal whether an individual mistake, a defective process, or a broader institutional failure caused the patient’s injuries. Patient Safety Requires More Than an Apology Ascension’s apology and corrective measures acknowledge the seriousness of what occurred. But for patients living with potentially permanent injuries, an apology cannot restore mobility, independence, health, or peace of mind. Hospitals have a responsibility to build medication systems that anticipate human error and prevent a single mistake from reaching a patient. When those systems fail, accountability matters—not only for the people harmed, but also for every patient who enters a hospital expecting safe care. Injured by a Medication Error? Contact The Edmond Firm If you or someone you love suffered paralysis, neurological damage, respiratory failure, or another serious injury because the wrong medication was administered, you deserve a clear explanation of what happened. The Edmond Firm brings extensive legal experience and meaningful medical insight to complex medical-malpractice and catastrophic-injury cases. We examine the complete chain of care, identify the individuals and institutions responsible, consult qualified experts, and pursue the compensation our clients need to move forward. Contact The Edmond Firm to request a confidential case review at no cost. Attorney’s fees are collected only if compensation is recovered, subject to the terms of the representation agreement. When negligence occurs, “I’m sorry” is not enough. This article is provided for general informational purposes only and does not constitute legal or medical advice. Results depend on the facts and law applicable to each case. Reading this article or contacting the firm does not create an attorney-client relationship.
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