Physician malpractice: 10 things to know

From 2013 to 2023, the U.S. saw an approximately  67% increase in the number of medical malpractice verdicts awarding $10 million or more. 

Here are 10 insights about physician malpractice: 

1) One in three clinicians will be sued for medical malpractice during their careers, according to a 2022 study in the National Library of Medicine. 

2) Some specialists have an even greater chance of being sued. Over half of specialists have been defendants or co-defendants in a malpractice lawsuit.   

3) General surgeons are the most frequently-sued specialty. A 2023 Medscape survey indicated that 90% of general surgeons have been the sole or co-defendant in a malpractice suit. OB-GYN and orthopedic specialists were the other surgical specialties where over 80% had been sued. 

4) Delayed and misdiagnosis is one of the most common types of malpractice. Cancer, infections and vascular events are the conditions most likely to be misdiagnosed, according to 2019 research from Johns Hopkins Medicine. Surgical errors, prescription errors and anesthesia errors are also common types of malpractice cases. 

5) Louisiana is the state where physicians are most likely to be sued for malpractice. Seventy-two percent of physicians in Louisiana have been the sole or co-defendant in a malpractice lawsuit, followed by Indiana and Kentucky, both at 68%. 

6) Medical malpractice payouts by state were highest in New York and Florida. The total amount of medical malpractice damages paid in 2022 were $551 million and $382 million, respectively. 

7) Medical errors cause 251,000 fatalities annually. Also according to data from Johns Hopkins malpractice is the third leading cause of U.S deaths annually, behind heart disease and cancer.

8) Male physicians are more likely than females to be sued for medical malpractice. For female physicians, there were 42 claims per 100 physicians, versus 75 claims per 100 male physicians, according to research from JAMA

9) After going through a malpractice lawsuit, 40% of physicians took steps to reduce risk for future claims. According to the Medscape survey, 32% trusted patients less often and treated them differently, and 8% left the practice setting. 


10) Payers are hiring physicians with histories of malpractice. A 2023 report by ProPublica and The Capitol Forum identified 12 physicians employed by payers who have a "history of multiple malpractice payments, a single payment in excess of $1 million or a disciplinary action by a state medical board." Cigna, Aetna, Highmark, UnitedHealthcare and Optum were all named in this report. Pinnacol Assurance, a nonprofit insurer that specializes in workers' compensation.

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