Report: 95 medical liability claims filed for every 100 physicians

For every 100 physicians, there are 95 medical liability claims filed against them, according to the American Medical Association.

AMA officials say their new report paints a bleak picture of physicians’ experiences with medical liability claims and bolsters the case for national and state level reform.

The report includes information on medical liability claims’ impact by age, gender and practice arrangement for physicians. Highlights include:

• Nearly 61 percent of physicians age 55 and older have been sued.
• There is wide variation in the impact of liability claims between specialties. The number of claims per 100 physicians was more than five times greater for general surgeons and obstetricians/gynecologists than it was for pediatricians and psychiatrists.
• Before they reach the age of 40, more than half of all obstetricians/gynecologists have already been sued.
• 90 percent of general surgeons age 55 and older have been sued.

“Even though the vast majority of claims are dropped or decided in favor of physicians, the understandable fear of meritless lawsuits can influence what specialty of medicine physicians practice, where they practice and when they retire,” said AMA Immediate Past President J. James Rohack, MD. “This litigious climate hurts patients’ access to physician care at a time when the nation is working to reduce unnecessary healthcare costs.”

The number of medical liability claims is not an indication of the frequency of medical error, AMA officials said, as the physician prevails in 90 percent of the cases that go to trial.

While 65 percent of claims are dropped or dismissed, they are not cost-free. Average defense costs per claim range from $22,000 among claims that are dropped or dismissed to more than $100,000 for cases that go to trial.

“The AMA supports proven medical liability reforms to lower healthcare costs and keep physicians caring for patients,” said Rohack. “The findings in this report validate the need for national and state medical liability reform to rein in our out-of-control system where lawsuits are a matter of when, not if, for physicians.”

The report includes data from the AMA’s 2007-2008 Physician Practice Information survey of patient care physicians and other sources.