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Medical malpractice events don’t occur randomly, and we can learn a lot by studying statistics about how and why they occur. For instance, doctors who face multiple malpractice claims over the course of their careers tend to have certain well defined traits, according to numerous studies and statistical analyses. For instance, they tend to be older males (82%), and they specialize in areas of internal medicine, obstetrics and gynecology, general surgery and general practice/family medicine.
The New England Journal of Medicine (NEJM) published a relevant study conducted by the National Practitioner Data Bank (NPDB). During 2005 – 2014, 54,099 doctors incurred 66,426 malpractice claims. Multivariable recurrent-event survival analysis revealed characteristics of physicians at high risk for repetitive claims. National Public Radio (NPR) reported “General surgeons are among the doctors most likely to be the subjects of paid malpractice claims.” The NEJM also reported neurosurgeons were four times more likely than psychiatrists to incur claims.
NEJM data found that 32% of paid claims corresponded to just 1% of all doctors. During the nine-year study period, of those doctors charged with malpractice, 84% incurred just one claim. However, 16% of doctors had at least two paid claims.
The total of previous paid claims affected the risk of additional malpractice events, according to adjusted analyses. For example, 2,160 doctors who had three paid claims were three times more likely than the average physician to rack up yet another malpractice claim. In fact, extrapolating from the statistics, there’s a 24% chance likelihood that a doctor belonging to this “high risk” group would face another claim within just two years.
In Arizona and other states, most malpractice cases are a matter of public record. If three or four cases have been filed within a five-year period, patients can access the state’s medical board website to learn about a particular physician’s legal history. That being said, advocates with the Consumers Union’s Safe Patient Project worry that doctors’ files do not usually include information regarding probation. They say patients should be able to learn about when, how and why a doctor was put on probation. (Critics counter that just knowing a doctor’s probation history won’t provide insight into the risk of malpractice.)
The detailed studies conducted by the NEJM, the National Practitioner Data Bank (NPDB) and other organizations only analyzed a small fraction of malpractice cases. But the findings are certainly illuminating, and they suggest that efforts at reform might be more likely to succeed if they concentrate on identifying and restricting the 1% of doctors responsible for 32% of claims.
If you or a loved one suffered an injury at a hospital, a misdiagnosis that led to incorrect treatment or a pharmaceutical error, our experienced Phoenix medical malpractice attorneys can help. Call (602) 283-4122 for a free, confidential consultation about your rights.
