• 07
  • November
    2011

A study recently published in the New England Journal of Medicine takes a close look at the frequency of malpractice claims broken down by medical specialty. The study considered data from 15 years of medical malpractice insurance records of physicians from every state and across a spectrum of 25 medical specialties.

The authors sought to fill a gap in research about the proportion of medical professionals who must respond to lawsuits annually, as well as the financial amount of those claims and the "cumulative career malpractice risk according to specialty." The summarized results indicate that an average of 7.4 percent of physicians faced medical malpractice claims in a given year, and only 1.6 percent were made to pay on a claim.

Separated by medical specialty, the study determined that the highest rates of claims by patients who alleged substandard care were experienced by neurosurgeons and thoracic-cardiovascular surgeons. The data indicated that family practitioners, pediatric physicians and psychiatrists had the lowest rates of malpractice lawsuits on an annual basis. Average indemnity payments were lowest in the field of dermatology and highest in pediatrics.

Behind all of the hard data, the authors speculated about physicians' reported concerns regarding malpractice and defensive medicine practices in light of the low annual rate of paid claims shown by the study. They concluded that risk of "reputational damage" was a considerable part of physicians' perceived threat from patient lawsuits, while noting that evidence has shown that the actual scope of defensive medicine is "modest."

On the plaintiffs' side, the stakes are much higher. For patients who suffer injuries or prolonged illnesses due to surgical errors, misdiagnosis, medication errors or other substandard care, the primary concern is securing compensation for a more difficult life ahead. For survivors of a wrongful death caused by medical malpractice, a just result can play a major role in future financial security while bringing closure to a family tragedy.