A Malpractice Lawsuit: What Are the Odds?

The answer will depend on your specialty. If your specialty is orthopedics, you are more likely to find yourself in a malpractice lawsuit than most other specialties. This is according to “Is Your Risk of Being Sued Climbing? Medscape Physicians and Malpractice Report 2023.”

For this year’s report, 3,037 physicians from more than 29 specialties completed the survey. Their responses provided insight into the realities of facing a lawsuit and the effects of litigation on their practice, finances, emotional health, and patient relationships.

Orthopedics was one of the most frequently sued specialties. According to the report, 82% of orthopedic surgeons have been either a malpractice defendant or co-defendant. The only other specialties that are more likely to be sued are, first, general surgery at 90% and, second, obstetrics and gynecology at 85%.

In the report, Vice President of Research for the Medical Professional Liability Association Bill Burns explained, “Surgeons are at the top of the list because of the complexity of what they do.”

Burns continued, “That’s typically why insurance premiums are higher for surgeons, since companies price doctors from highest-risk to lowest-risk.”

Your specialty may not be the only indicator of how likely you are to be sued as a physician. Where you choose to practice may also be an indicator. In 2023, 72% of physicians practicing in Louisiana reported to Medscape that they had been involved in at least one malpractice lawsuit. This was the highest percentage across the states. Following Louisiana were Indiana and Kentucky, with 68% of physicians from those states reporting being involved in at least one malpractice lawsuit.

According to the report, geography may be related to lawsuits due to several factors. This includes tort reforms, such as a damages cap in personal injury lawsuits.

It’s interesting to note, according to the report, that “the more often a physician is sued, the more likely he or she will be sued again.” The report referenced another analysis supporting this position. Characteristics that the report highlighted as being “significantly associated with recurrence of claims” included the amount of previous claims and the physician’s specialty.

The report also provided insight into the malpractice allegations doctors are most likely to face. Failure to diagnose or delayed diagnosis was the top allegation reported by physicians. This has been the top allegation since Medscape’s 2015 report. Other top allegations that were reported by physicians include complications from treatment or surgery and failure to treat or delayed treatment.

Looking forward, physicians may be wondering about steps they can take that could potentially discourage malpractice lawsuits. A majority of physicians indicated that they thought better communication and rapport with patients could discourage malpractice lawsuits. Nearly half of physicians indicated that having a medical panel screen cases for merit could also help to discourage complaints.

Do you think the risk of being sued is climbing? Let us know in the comments online below.