Healthgrades for ProfessionalsTop 5 Reasons for Medical Malpractice Lawsuits

Navigating the Consistent Causes of Medical Malpractice Litigation in a Post-COVID Era

Despite a decline in total malpractice litigation since the COVID pandemic, the factors contributing to medical malpractice lawsuits have remained steadfast. This trend highlights the enduring challenges in patient-physician dynamics and the complex nature of medical outcomes, pointing toward a broader conversation about expectations, communication, and legal frameworks in healthcare.

Key Points:

• Medical malpractice lawsuits have decreased since the COVID pandemic, yet the reasons behind these suits have stayed consistent, revealing persistent areas of concern within medical practice.
• Failure to diagnose or delayed diagnosis remains the top reason for malpractice lawsuits, increasing from 31% to 35% in recent surveys, indicating a critical area for physician attention and systemic improvement.
• Complications from treatment or surgery, and failure to treat or delayed treatment, are significant reasons for lawsuits, underscoring the importance of surgical precision and timely intervention in patient care.
• The emotional and professional impact of being sued for malpractice can be severe, with a majority of physicians experiencing surprise upon being named in a lawsuit and 83% viewing the lawsuits as unwarranted.
• Specialists are more likely to be named in malpractice suits than primary care providers, with general surgery and OB-GYN being the top specialties involved, reflecting the high-risk nature of these fields.
• Geographic variability in lawsuit frequency suggests that legal and cultural environments significantly affect malpractice litigation risks, with states like Louisiana and Indiana reporting higher rates of claims.
• Physicians highlight the lack of patient understanding of medicine and unrealistic expectations as primary drivers of malpractice lawsuits, pointing to the need for better communication and educational efforts.
• Post-claim adjustments by physicians include taking steps to reduce future claims and changing their approach to patient trust, indicating a proactive stance toward mitigating risk and altering practice dynamics.
• Strategies suggested by physicians to discourage malpractice suits involve improving patient communication, implementing medical panels to screen cases, and legal reforms to reduce frivolous litigation.

A study by the New England Journal of Medicine found that approximately 75% of physicians in low-risk specialties and virtually 100% in high-risk specialties are likely to face a malpractice claim during their career, underscoring the prevalent risk across all areas of medicine.

More on Malpractice