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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020
| Contributor Information
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
In Medscape's Malpractice Report 2019, more than 4300 physicians in over 25 specialties told us whether they have been sued, the reason for the lawsuit, and how the experience affected the way they practice medicine and relate to patients. Here, family physicians provide their insights into involvement with lawsuits.
(Note: Some totals in this presentation do not equal 100% due to rounding.)
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Nearly half of family physicians have been named in at least one malpractice suit, fewer than the percentage of physicians overall (59%). Eleven percent were the only parties sued, similar to the replies of physicians overall (14%). (Respondents were allowed to select both "yes" categories if named in multiple lawsuits.)
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Around 4 out of 10 family physicians who had been sued reported failure to diagnose or delayed diagnosis as the reason, followed by a poor outcome or disease progression, and failure to treat or delayed treatment. Failure to diagnose/delayed diagnosis was the main reason for physicians overall (33%). (Respondents could choose more than one answer.)
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
For about 6 of every 10 family physicians, being sued came as a complete shock. This was higher than the percentage of all physicians (52%).
"There's a whole host of what you could call psychological factors that can contribute to the filing of a claim," says David S. Szabo, Esq., malpractice defense attorney with Locke Lord, LLP, Boston. "These can occur when a patient perceives a breakdown in the doctor-patient relationship, or is pretty certain that there's been a mistake, and they feel like they've been shut out of productive conversation with their healthcare provider or providers."
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
The majority of family physicians said that lawsuits against them were not warranted. Only a small percentage of family physicians felt that legal action was justified, about the same as the percentage of all physicians (6%).
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
One third of family physicians who were sued could point to a trigger incident that set the suit in motion. More than half, however, said they could not recall a specific incident that spurred the suit.
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Forty-two percent of family physicians who were sued reported spending more than 40 hours on their defense. Associated tasks include gathering records, meeting with attorneys, and preparing for depositions.
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Of family physicians who have been sued, about 4 in 10 said the entire process took 1-2 years to resolve. For nearly a quarter of family physicians, the lawsuit process dragged out for 3-5 years.
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
More than one third of family physicians who have faced a lawsuit said the case was settled before trial. In cases that did go to trial, a small percentage of family physicians said a judge or jury returned a verdict in their favor or the case was ruled in favor of the plaintiff.
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Family physicians most often cited that patients simply don't understand medical risks; they don't realize that bad outcomes can happen even if a doctor does everything right. Many family physicians also recognized that if there is a true medical error, patients who were harmed want to assign blame. (Respondents were allowed to choose more than one answer.)
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
The overwhelming majority of family physicians who responded to our survey have malpractice insurance, nearly the same percentage as for physicians overall (94%).
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Among family physicians with malpractice coverage who either settled or went to trial, most were either encouraged or required by their insurer to settle the case.
"Generally, if a physician senses that he or she is heading toward a difference of opinion with the insurer about settlement, they probably ought to invest a little time in having personal counsel look at the case," says Szabo.
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
While facing a lawsuit can be devastating, nearly half of family physicians surveyed reported no changes following its resolution. Some family physicians, however, did report changes in the way they treat patients or said they left their practice setting.
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Among family physicians' cases that resulted in a settlement or verdict in the plaintiffs' favor, most monetary awards maxed out at $500,000.
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
More than half of family physicians named in a lawsuit felt that the outcome of the case was fair. This is similar to the percentage of all physicians (58%) who felt that way.
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Looking back, family physicians said they would have done several things differently. Cited most often were ordering tests that would have "covered" them and better chart documentation.
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
The majority of family physicians don't think saying sorry or offering an apology to the patient would have deterred their lawsuit. Their response is similar to that of all physicians (82%) who have been sued.
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Having a medical panel screen cases for merit, better communication and rapport with patients, placing caps on noneconomic damages, and making plaintiffs responsible for all fees if they lose the case were cited by approximately half of family physicians. (Respondents could choose more than one answer.)
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
With a growing reliance on nurse practitioners and physician assistants to quell patient demand, there has been some concern by supervising physicians that this would create a greater malpractice risk. However, only a small percentage of family physicians said they have suffered such legal consequences.
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
More than half of family physicians were dissatisfied with medical organizations' or state societies' work (or lack thereof) to reduce malpractice suits. This dissatisfaction is similar among all physicians (56%) responding to the survey.
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
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Medscape Family Physician Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Medscape Family Physician Compensation Report 2019
Medscape's Family Physician Compensation Report describes how much these specialists earn, whether they are satisfied with their jobs, and whether their income has gone up or down.Medscape Features Slideshow, April 2019
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Comments on Medscape are moderated and should be professional in tone and on topic. You must declare any conflicts of interest related to your comments and responses. Please see our Commenting Guide for further information. We reserve the right to remove posts at our sole discretion.
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Keith L. Martin
Editorial Director
Medscape Business of Medicine
Disclosure: Keith L. Martin has disclosed no relevant financial relationships.
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