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Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020
| Contributor Information
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Medscape Internist 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, what happened, and how the experience affected the way they practice medicine and relate to patients. Here, internists provide their insights into involvement with lawsuits.
(Note: Some totals in this presentation do not equal 100% due to rounding.)
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
More than half of internists have been named in at least one malpractice suit, similar to the percentage of physicians overall (59%). Twelve percent were the only parties sued, similar to the percentage of physicians overall (14%). (Respondents were allowed to select both "yes" categories if they were named in multiple lawsuits.)
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Nearly 4 out of 10 internists who have 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.)
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
For a majority of internists, 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."
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
The vast majority of internists said that lawsuits against them were not warranted. Only a small percentage of internists felt that legal action was justified, lower than the percentage of all physicians (6%).
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
One fifth of internists who were sued could point to a trigger incident that set the suit in motion. A similar percentage said they could not recall a specific incident that spurred the suit.
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
More than a third of internists who were sued reported spending more than 40 hours on their defense. Associated tasks include gathering records, meeting with attorneys, and preparing for depositions.
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Of internists who have been sued, many said the entire process took 1-2 years to resolve. For more than a quarter of internists, the lawsuit process dragged out for 3-5 years; for a small percentage, a resolution took more than 5 years.
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Nearly one third of internists who have faced a lawsuit said the case was settled before trial. A small percentage of internists said a judge or jury returned a verdict in their favor or the case was ruled in favor of the plaintiff.
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Internists felt 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 internists also recognized that if there is a true medical error, patients are harmed and want to assign blame. (Respondents were allowed to choose more than one answer.)
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
The overwhelming majority of internists who responded to our survey have malpractice insurance, the same percentage as for physicians overall (94%).
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Among internists 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.
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
While facing a lawsuit can be devastating for physicians, half of internists surveyed reported no changes following its resolution. More than a quarter of internists, however, did report changes in the way they treat patients, and nearly one tenth reported leaving their practice setting.
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Among internists' cases that resulted in a settlement or verdict in plaintiffs' favor, most monetary awards maxed out at $500,000.
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
More than half of internists named in a lawsuit felt that the outcome of the case was fair. This is lower than the percentage of all physicians (58%) who felt that way.
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Looking back, internists said they would have done several things differently. Cited most often were better chart documentation, ordering tests that would have "covered" them, and not taking on the patient in the first place.
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
The majority of internists 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.
Medscape Internist 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 the plaintiff responsible for all fees if they lose the case were named by approximately half of internists as ways to avert lawsuits. (Respondents could choose more than one answer.)
Medscape Internist 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 about a tenth of internists said they have suffered such legal consequences.
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
More than half of internists were dissatisfied with medical organizations' or state societies' work (or lack thereof) to reduce malpractice suits. This dissatisfaction is the same among all physicians responding to the survey (56%).
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Medscape Internist Malpractice Report 2019
Keith L. Martin | January 22, 2020 | Contributor Information
Medscape's Internist 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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Contributor Information
Keith L. Martin
Editorial Director
Medscape Business of Medicine
Disclosure: Keith L. Martin has disclosed no relevant financial relationships.
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