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  4.  | 7 Takeaways from Big New Survey About Medical Malpractice

7 Takeaways from Big New Survey About Medical Malpractice

by | Mar 7, 2016

Doctor handshake with a patientOver the past year, Medscape surveyed nearly 4,000 primary care doctors and specialists to learn more about the medical malpractice lawsuits they faced. Medscape’s “Malpractice Report 2015: Why Most Doctors Get Sued” collected and organized the results. This survey provides useful information to patients and doctors about medical errors and their aftermath.

Here are seven things to learn from the results of the Medscape study:

  1. Over half the doctors surveyed had been named in at least one medical malpractice suit…

Fifty-nine percent of the doctors Medscape surveyed had been sued for medical malpractice at least once during their careers. Forty-seven percent had been among a group of doctors named in a single lawsuit, while 12 percent had been the only doctor named in the case.

  1. …and these results aren’t unusual.

Fifty-nine percent may seem high, but it isn’t unusually high for any given recent year. A 2010 study by the American Medical Association (AMA) found that 61 percent of all doctors are sued at least once during their career.

  1. Obstetricians and surgeons face the highest risk of a lawsuit.

OB/GYNs, surgeons, orthopedists, radiologists, and anesthesiologists topped the list of the professionals who faced med mal lawsuits most often. In each group, more than half the surveyed doctors had been sued at least once, with 85 percent of OB/GYNs reporting a previous lawsuit. Oncologists were lowest on the list, with 34 percent.

  1. “Failure to diagnose” is the top claim made in medical malpractice lawsuits.

Failing to diagnose a patient correctly was listed as a claim in 31 percent of the lawsuits included in the study, tied with “patient suffered an abnormal injury.” Failure to treat, errors in documentation, and errors in administering medication were also among the top reasons for medical malpractice lawsuits.

  1. Doctors think about medical malpractice risks a lot.

Doctors who had been sued at least once were more likely to take the risk of a future lawsuit into consideration when practicing medicine – but 98 to 99 percent of all doctors include lawsuits on their list of potential risks, according to the study. Doctors who have never been sued were less likely to consider the risk of a lawsuit unless the patient was combative or something goes wrong during a procedure.

  1. Doctors don’t feel they have the support of medical organizations when it comes to lawsuits.

When asked whether medical organizations were doing enough to reduce lawsuits, 42 percent replied “not at all” and another 28 percent said “sometimes.” An additional seven percent felt that medical organizations could do nothing to control lawsuits.

  1. Most doctors support pre-screening of medical malpractice cases.

When asked about the best ways to discourage medical malpractice lawsuits, 81 percent of respondents said that a panel of professionals should screen cases before they go to trial. Sixty-two percent favored capping non-economic damages. Only 13 percent said that doctors should prevent lawsuits by making fewer medical errors.

What the Survey Means for Potential Malpractice Plaintiffs

When pursuing damages in a possible Arizona medical malpractice claim, you need to have a thorough understanding of how defendants (such as doctors and their insurers) will be evaluating the situation. To that end, studying the results of surveys like this one can be invaluable. The Kelly Law Team can help you protect your rights and aggressively pursue fair compensation after a medical error, misdiagnosis or act of negligence. Call us at (602) 283-4122 for a free consultation.

You can read part 2 here

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