Medical liability: By late career, 61% of doctors have been sued
An AMA report on medical liability lawsuits illustrates the need for federal and state reforms, the Association says.
American Medical News
August 16, 2010
Six out of 10 physicians 55 and older have been sued, according to a new American Medical Association study.
Male doctors are twice as likely as their female counterparts to get sued during their career. And more physicians in solo and specialty practices are sued than those in multispecialty practices.
The frequency of medical liability lawsuits documented in the report illustrates the need for reforms at the state and federal levels, said AMA Immediate Past President J. James Rohack, MD.
"Even though the vast majority of claims are dropped or decided in favor of physicians, the understandable fear of meritless lawsuits can influence what specialty of medicine physicians practice, where they practice and when they retire," Dr. Rohack said in a statement. "This litigious climate hurts patients' access to physician care at a time when the nation is working to reduce unnecessary health care costs."
The study analyzed data from 5,825 physicians who responded to the AMA's Physician Practice Information survey, which examined costs of medical practice and associated factors from 2007 to 2008. Research showed that an average of 95 medical liability claims were filed for every 100 physicians during the course of the doctors' careers. (See correction)
Only 5% of medical liability lawsuits make it to trial.
The August report found that 42.2% of physicians were sued, with 22.4% sued twice or more. Rates varied by specialty, but general surgeons and obstetrician-gynecologists were most likely to be sued (69.2%). Family physicians and general internists had similar rates (38.9% and 34%). Pediatricians and psychiatrists were sued the least.
Physicians who had an ownership interest in a practice were at greater risk, with 47.5% reporting being sued, compared with 33.4% for those with no ownership interest.
The majority of lawsuits never made it to the courtroom, according to 2008 data from the Physician Insurers Assn. of America, a trade group representing liability insurance companies owned or operated by physicians, hospitals and other health care professionals.
Sixty-five percent were dropped, dismissed or withdrawn. About one in four claims was settled, and 4.5% were decided by alternative dispute mechanism. Of the 5% that went to trial, defendants won in 90% of cases, the PIAA said.
But fighting a claim is costly. Defense against a claim averaged $22,163 for suits dropped, dismissed or withdrawn, and more than $100,000 for cases that went to trial, according to PIAA data.
To Read More:http://www.ama-assn.org/amednews/2010/08/16/prl20816.htm
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