Notes from Medscape's 2021 report on medical malpractice lawsuits

More than half of doctors in the U.S. surveyed by Medscape for its 2021 Malpractice Report said they have been named in a malpractice lawsuit, with plastic surgery being the top specialty cited.

Medscape surveyed 4,358 physicians in 29 specialties from May 21 to Aug. 28.

Percentage of physicians named in a malpractice lawsuit: 51 percent

Percentage of physicians named in malpractice lawsuits by specialty
Plastic surgery: 83 percent
General surgery: 83 percent
Orthopedics: 81 percent
Urology: 80 percent
OB-GYN: 79 percent
Specialized surgery: 74 percent
Emergency medicine: 70 percent
Otolaryngology: 68 percent
Radiology: 64 percent
Cardiology: 58 percent

Reasons for malpractice lawsuits
Failure to diagnose/delayed diagnosis: 31 percent
Complications from treatment/surgery: 29 percent
Poor outcome/disease profession: 26 percent
Failure to treat/delayed treatment: 16 percent
Wrongful death: 13 percent
Patient suffered an abnormal injury: 11 percent
Poor documentation of patient instruction and education: 4 percent
Errors in medication administration: 3 percent
Improperly obtaining/lack of informed consent: 2 percent
Failure to follow safety procedures: 1 percent

10 states with the most malpractice lawsuits
Indiana: 64 percent
New York: 61 percent
Pennsylvania: 61 percent
Illinois: 59 percent
New Jersey: 59 percent
South Carolina: 58 percent
Louisiana: 57 percent
Tennessee: 56 percent
North Carolina: 55 percent
Maryland: 54 percent

Malpractice lawsuit outcomes
Settled before trial: 33 percent
Physicians dismissed from lawsuit within first few months: 13 percent
Judge/jury returned a verdict in favor of the physician: 10 percent
Physicians dismissed from lawsuit before settling: 8 percent
Physicians with ongoing cases: 7 percent
Lawsuit dismissed by court: 6 percent
Physicians dismissed from lawsuit before trial: 6 percent
Physicians voluntarily dismissed by plaintiff before trial: 6 percent
Other: 6 percent
Lawsuit settled at trial: 2 percent
Judge/jury returned a verdict in favor of plaintiff: 2 percent

Percentage of physicians who said lawsuit negatively affected their medical careers: 29 percent

Changes physicians made as a result of lawsuits
None: 52 percent
Physicians who said they no longer trust patients or treat them differently: 24 percent
Other: 21 percent
Physicians who left the practice setting: 7 percent
Physicians who changed their insurer: 3 percent
Physicians who purchased more malpractice insurance: 2 percent

Percentage of physicians named in a malpractice lawsuit for an allegation related to COVID-19: 0 percent

Percentage of physicians who said they're concerned about being sued for malpractice for an allegation related to COVID-19: 13 percent

To view the full report, click here.

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