Few malpractice cases swing in plaintiff’s favor: 8 things to know

In 57% of the most serious malpractice cases, physicians reported receiving favorable outcomes due to dismissals or verdicts, according Medscape’s “The Rising Price of Risk Management: Physicians and Malpractice Report 2024.” 

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The survey recorded responses from 1,029 physicians across 29 specialties from May 1 to June 11, 2024. 

Here are eight highlights of the report:

1. Only 1 in 50 physicians said that malpractice lawsuits were decided in favor of the plaintiff.

2. Thirty-seven percent of cases were settled before trial.

3. Another 14% of physicians reported being dismissed from the lawsuit within the first few months. Another 7% were dismissed prior to trial.

4. Twelve percent of physicians said the judge or jury verdict was decided in their favor. 

5. In 7% of cases, the plaintiff voluntarily dismissed the suit prior to trial,

6. Six percent of cases were dismissed by the court.

7. Another 1% of cases were settled during trial

8. “Other” represented responses in 3% of cases.

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