KevinMD March 13, 2025
Howard Smith, MD

Despite the heralded To Err Is Human, there is still no effective risk management strategy to prevent medical liability. Past discussions on KevinMD have explored a risk-management strategy that differentiates medical errors from random errors of nature with 95 percent confidence. Like any decision-making method, this strategy has weaknesses that deserve mention.

Weaknesses of the strategy

1. Standards of care are empirical and adaptable. A medical intervention that differs from the standard of care does not necessarily mean a departure from it. A calculated risk may be undertaken to avoid a medical error, aligning with the evolving nature of the standard of care.

2. There is no attribution for the incident risk of a medical error in any specific medical...

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