The Medscape Malpractice Report 2017 queried over 4000 physicians representing over 25 specialties regarding their impressions about malpractice suits in which they were involved. The report found just over half of the physicians had been sued, with 13% of those polled named individually and 48% named with other parties. The top specialties identified in these suits included Surgery, OB/GYN & Women’s Health, Otolaryngology, Urology, Orthopedics, Plastic Surgery, Radiology, Emergency Medicine, Gastroenterology, and Anesthesiology (Levy & Kane, 2017).

Most of the physicians admitted to being caught by surprise with the lawsuit and 58% described themselves as very surprised. Among all physicians, the two major reasons cited for the patient/family member filing a lawsuit were delayed or failed diagnosis and complications from surgery or other treatment. The former cause was associated with specialty care physicians; the latter with primary care physicians (Levy & Kane, 2017).

In the experience of the participating physicians, 30% of suits were settled before trial, 14% of the physicians stated they were dismissed from the suit within the first few months, and 12% said the judge or jury returned a verdict in their favor. Only about 2% of those polled said the case went to trial and the jury decided against them, and another 2% saw the case settled at trial (Levy & Kane, 2017).

Regarding financial awards paid out for the lawsuit, 68% of physicians said the plaintiff received up to $500,000, 17% said the award was up to $1 million, and 11% acknowledged a settlement or restitution of over $2 million. Only 4% of the physicians indicated there was no award. Interestingly, 62% of the physicians felt the lawsuit outcome was fair (Levy & Kane, 2017).

When polled regarding what they could have done differently, physicians noted the following:

• Better documentation 22 %
• Never accepted the patient in the first place 12%
• Ordered additional testing to cover themselves 10%
• Used better care in how they described things to the patient 8%
• Invested more time with the patient/family 8%
• Referred patient to another physician 7%
• Obtained a second opinion 6%
• Reviewed the history/chart more carefully 6%
• None of the above 38% (Levy & Kane, 2017).

Of those polled, 67 percent they had not had or do not plan to have a malpractice risk assessment (Levy & Kane, 2017).

It is not surprising to see ‘better documentation’ top the list of things that physicians wish they had done differently when faced with a lawsuit. Whether you are a defense or plaintiff attorney, a certified legal nurse consultant can help you decipher complex medical records by educating you about what is present in the chart and what may be missing. These findings can bolster your case in a cost-effective manner.

Terri Chabaud, RN, CLNC

Reference
Levy, S. & Kane, L. (2017). Medscape malpractice report 2017. Retrieved from https://www.medscape.com/slideshow/2017-malpractice-report-6009206#1