Becker’s ASC Review reported that 51% of physicians were named in a medical malpractice lawsuit in 2021. This percentage is lower than the previous year’s, possibly due to physicians performing fewer procedures due to the COVID-19 public health emergency.
These statistics resulted from a survey performed by Medscape, an online resource for medical news and education. The survey also broke down several areas, including the percentage of physicians named in malpractice lawsuits by specialty and the reasons for the lawsuits.
Top Specialties Named in a Medical Malpractice Lawsuit
83% of plastic surgeons and general surgeons were named in malpractice lawsuits. General surgery has traditionally been a high-risk specialty and was no different in 2021. The high percentage of plastic surgery claims is probably due to the increased use of video calls, another by-product of the COVID-19 pandemic.
Top 10 Providers Specialties Named in a Medical Malpractice Lawsuit include:
- Plastic Surgeons: 83% (tie with)
- General Surgeons: 83%
- Orthopedics: 81%
- Urology: 81%
- OB-GYN: 79%
- Specialized surgery: 74%
- Emergency medicine: 70%
- Otolaryngology: 68%
- Radiology: 64%
- Cardiology: 58%
Top Reason for a Medical Malpractice Lawsuit: Failure To Diagnose
Diagnosis issues were the most frequent reason behind malpractice lawsuits. 31% of the lawsuits were carried out because a physician did not adequately diagnose a patient. Misdiagnosis is usually the reason for the majority of malpractice claims.
Top 10 reasons for medical malpractice lawsuits:
- Failure to diagnose: 31%
- Complications from treatment or surgery: 29%
- Poor outcome or disease profession: 26%
- Failure to treat or delayed treatment: 16%
- Wrongful death: 13%
- The patient suffered an abnormal injury: 11%
- Poor documentation of patient instruction and education: 4%
- Errors in medication administration: 3%
- Improperly obtaining or a lack of informed consent: 2%
- Failure to follow safety procedures: 1%
Top State with the Most Medical Malpractice Lawsuits: Indiana
The survey found that 64% of medical malpractice lawsuits in the United States occurred in Indiana. New York and Pennsylvania are tied for second place with 61%. These two states are among those with the highest medical malpractice insurance costs.
Top 5 states with medical malpractice lawsuits:
- Indiana: 61%
- Illinois: 59% (tie with)
- New Jersey: 59%
- South Carolina: 58%
- Louisiana: 57%
Top Outcome for a Medical Malpractice Lawsuit: Settle Before Trial
33% of medical malpractice lawsuits did not go to trial. Most insurance carriers prefer to end litigation as soon as possible to avoid costs from lengthy trials.
13% of physicians were dismissed from lawsuits within the first few months of litigation.
Top 5 medical malpractice lawsuit outcomes:
- Settlement before trial: 33%
- A verdict was returned in favor of the physician: 10%
- Physicians were dismissed from lawsuits before settling: 8%
- Physicians have ongoing cases: 7%
- Lawsuits or physicians were dismissed by the court at or before trial: 6%
COVID-19 Played No Direct Role In Medical Malpractice Lawsuits
None of the surveyed physicians were named in a malpractice lawsuit related to COVID-19. However, as the public health emergency continues, 13% are concerned about being sued in the future for malpractice related to COVID-19.
3 More Provider Metrics On Medical Malpractice Lawsuits
- 29% said that malpractice lawsuits negatively affected their medical careers.
- 24% no longer trust patients.
- 7% have left the practice setting.
A physician is currently the fourth-best healthcare job in the United States, falling one place from 2020. According to the National Practitioner Data Bank’s Data Analysis Tool, medical malpractice payments totaled $1.8 billion as of September 2021. Despite the stress and risk of the job, a physician is a top-ranked profession that pays more than $100,000 a year.
These statistics validate the need for adequate medical malpractice coverage. With the average payout of each medical malpractice claim being just over $300,000, the damage to lives and reputations far outnumber that total.
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