Technical skill is the most common contributing factor in malpractice claims against general surgeons. Claims tied to communication, however, carry the highest average payment, at about $400,000.
Napa, Calif.-based The Doctors Company analyzed 1,138 general surgery claims from 2010 to 2025 using a taxonomy developed by Candello. Thirty-one percent of claims closed with an indemnity payment to the patient or plaintiff, through a verdict or settlement, and the average payment was $341,000, according to the report.
Here are eight more findings:
1. Negligent surgical treatment was by far the most common allegation, cited in 81% of claims. It includes improper performance of surgery, improper management of a surgical patient, a retained foreign body, performing a wrong or unnecessary surgery and delay in performing surgery.
2. The other top allegations were medical treatment (non-obstetric), at 9% (98 claims); diagnosis-related, at 7% (85); and medication-related, at 1% (14).
3. Average gross expense incurred per claim was $72,000.
4. Technical skill was a contributing factor in 72.93% of claims, but those claims had the lowest average gross payment of the top five factors, at $321,000.
5. Clinical judgment was a factor in 47.28% of claims, with an average payment of $394,000. This category covers patient assessment, selection or management of surgery and failure or delay in getting a consultation or referral.
6. Communication was a factor in 29.61% of claims, with the highest average payment, at $405,000.
7. Behavior-related factors appeared in 21.09% of claims ($351,000 average), and documentation in 19.95% ($383,000). Claims can involve more than one factor, so the percentages add up to more than 100.
8. To reduce risk, the report cites American College of Surgeons recommendations to build technical skill through supervised practice, simulation and multimedia training, followed by self-reflection, feedback and coaching. It also recommends periodic mental, physical and neurocognitive fitness evaluations, ongoing appraisals of decision-making and surgical skills and regular reviews of patient outcomes data.
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