AMA: Roughly one-third of physicians have been sued in their career
While the short-term risk of being hit with a medical liability lawsuit is low, the risk increases over time, the survey showed.
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Almost one-third (31%) of physicians practicing in the U.S. have been hit with a medical liability claim at least once during their careers, with the risk of having a claim filed against them increasing the longer they practice, according to new survey data published by the American Hospital Association.
The short-term risk of being sued is low, authors found, and was even lower during the height of the COVID-19 pandemic, but the numbers show how the risk of being sued increases the longer a physician practices: About 9.5% of physicians under 40 have been sued, but the percentage hits 46.8% among those 55 and older.
The younger group logged 11 career claims per 100 physicians; the older group logged 100 claims per 100 physicians.
Gender and specialty also played roles in the frequency with which a physician is sued. Men (36.8%) were more likely than their female counterparts (23.8%) to be hit with a medical liability lawsuit, while obstetricians/gynecologists and general surgeons (62.4% and 59.3%,respectively) were more likely to be sued than, for instance, oncologists (8%) and immunologists (7.1%).
WHAT'S THE IMPACT?
While the numbers may raise eyebrows, a more macro look reveals that only 1.8% of physicians reported having been sued in 2021, continuing a downward trend, with 2.1% reporting the same in 2020 and 24% doing so in 2018.
AMA president Dr. Jack Resneck Jr. said that getting sued is not necessarily indicative of medical errors, and even the most highly qualified and competent physicians may face a medical liability claim in their careers.
"All medical care comes with risks, yet physicians are willing to perform high-risk procedures that offer hope of relief from debilitating symptoms or life-threatening conditions," said Resneck. "When physicians are sued, two-thirds of civil liability claims are dropped, dismissed, or withdrawn without a finding of fault. When claims proceed to trial and are decided by a verdict, the defendants prevail in nearly 9 out 10 cases."
THE LARGER TREND
The AMA said the considerable costs associated with such lawsuits has spurred it to back medical liability reform that strikes an appropriate balance between the needs of patients and the needs and rights of physicians.
Twitter: @JELagasse
Email the writer: Jeff.Lagasse@himssmedia.com
