The Experience of Being Sued For Medical Malpractice

As a doctor or healthcare professional, being sued for medical malpractice can be a harrowing experience, to say the least.  In a report released by Medscape.com on medical malpractice, “The Experience of Getting Sued”, 1400 physicians were surveyed and they revealed why they were sued, how the trial went, what they learned, and how the lawsuit changed the way they practice medicine.  

According the report, the top 3 medical specialties who were sued include 1) internal medicine, 2) family medicine, and 3) OB/Gyn.  

Some of the other notable statistics from the report are:

*  40% of survey respondents have been named in the lawsuit.

*  Failure to diagnose was one of the main reasons given for a malpractice lawsuit.

*  41% of respondents said that the lawsuit was stressful, but they were still able to function, while 23% said the experience was horrible, one of the worst experiences of their lives.

* 74% of the physicians said they were surprised at being sued.

* 35% of lawsuits were settled before trial, while 22% were voluntarily dismissed by the plaintiff.

What is interesting to note is that 93% of the physicians surveyed believed that saying “Sorry” would not have helped the situation.  Although saying “Sorry” may not make the claim disappear, recent studies have shown that patients would actually be happy to hear that word.  It could certainly help speed up the time a malpractice claim remains in court.

As for payouts, 70% of the physicians said that the insurer did not require them to settle.  58% of them ended up not having to payout and for 41%, the insurance company covered the entire settlement.

Although we may assume that a malpractice lawsuit can have some long-term emotional or financial long-term effects on a physician, 63% of them claim to have experienced no such effects.  However, 29% have begun to feel distrust towards their patients.

Some of the advice the physicians received from other doctors regarding their lawsuit consisted of documenting more thoroughly and more often, practicing defensive medicine, and getting rid of rude, demanding, and non-compliant patients.  

The full survey by Leslie Kane can be found on Medscape.com.

It’s good to know what a physician’s experience is regarding medical malpractice lawsuits.  The general public will generally side with the patients thinking that they are the victims, but let’s not forget that physicians are people too with many demands placed on them.  They are often distressed and under immense pressure to perform.