Execution errors occur at all stages – pre-analytical, analytical and post-analytical.

  • Pre-analytical phase, also known as the pre-working phase. The manufacturing error may arise from activities related to the collection of test material or as a result of testing on material that has no diagnostic value.
  • Analytical stage. Errors during running may be caused by incorrect reagents, improper calibration between the standard sample and the exposed sample, or incorrect pipette calibration.
  • Post-analytical stage. A running error at this stage may occur, for example, in the incorrect entry of the test result in the IT system.

Executive error – an example from judicial practice

Runtime errors are common in laboratory tests, but are not limited to. An interesting and rather unusual example in jurisprudence is the case where the dentist made the coercive mistake.   The case referred to a case in which, in the initial stage of treatment, a dental instrument broke and remained in the patient’s tooth. The doctor did not notice any damage to the instrument. He also did not notice that the visible part remained in the tooth on X-rays.

The dentist’s mistake was that he did not break the instrument – such situations sometimes occur during the treatment of the root canal and are considered a complication. However, the dentist did not accurately record the treatment given to this patient, did not describe the steps taken, and did not sign or stamp the treatment card.

The error in this case was that the patient was not informed about the course of treatment, there was no record in the file about this and, first of all, it was not possible to remove the broken instrument from the canal. The court of second instance, which examined the case, awarded the applicant- patient compensation in the amount of PLN 3,000 and compensation in the amount of PLN 503. The applicant won the case in its entirety.

Another example is when a medical secretary mistyped patients’ results into a computer. This is an example of a technical error (computer) and, at the same time, an execution error in the post-analytical phase. The medical institution where the damage was caused is responsible for the secretary’s error and the patient receives satisfactory compensation.

In the event of a performance error, the patient is entitled to compensation or reimbursement. The constraint error justifies the injured patient’s claim for compensation, compensation and, in some cases, a pension. The patient is usually 3 years old to claim the money due. Depending on the circumstances of the case, the patient may receive a high fair compensation. However, cases of medical malpractice are usually complex and a trial in the first instance can take several years. Therefore, it is worth using the help of medical lawyers.