Factors Impacting Perceived Threat of Malpractice Lawsuits by Various Medical Specialists

Deshpande, Satish P.

doi:10.1097/hcm.0b013e3182078ba4

Cited by 14 publications

(9 citation statements)

References 31 publications

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“…Yet payments for claims judged in court still accounted for less than a fifth of the total payment amount in 2009. Again, these findings may contribute to perceptions that medical malpractice claims lead to exorbitant payouts driven by out-of-control juries, even though the number of judged claims is low,9 21 equating to about 0.0003 claims per practicing physician.…”

Section: Discussionmentioning

confidence: 95%

Characteristics of paid malpractice claims settled in and out of court in the USA: a retrospective analysis

Rubin

Bishop

2013

BMJ Open

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ObjectiveAn analysis of paid malpractice claims judged in court compared with those settled out of court may help explain perceptions of malpractice risk.DesignA retrospective analysis and cross-sectional comparison of malpractice claims. Evaluated trends in the number and proportion of paid claims, and mean payment amount by resolution type; identified patient, physician and claim characteristics associated with each resolution type. Examined the effects of resolution type on payment amount and time to claim resolution.SettingClaims paid on behalf of US physicians reported in the National Practitioner Data Bank (NPDB) from 2005 to 2009.Main outcome measuresType of resolution, claim characteristics, payment amount and time to resolution.ResultsBetween 2005 and 2009, there were 58 667 claims paid on behalf of US physicians. Of these paid claims, 56 850 (96.9%) were settled outside court, and 1817 (3.1%) were judged in court. There was no significant change in the proportion of paid claims resolved by settlement versus judgement over time (p=0.83); nor was there a significant change in the mean payment amount in either resolution group (settlement, p=0.94; judgement, p=0.36). The claims in which the physicians were under 50, had prior malpractice reports, which were paid by a state malpractice programme, for adverse events to a fetus, and for surgical or obstetric error were more likely to be judged in court. The mean payment amount (US$592 283 vs US$317 447, p<0.01), per cent of payments over US$1 million (41.82% vs 15.43%, p<0.01), and time to decision (6.50 years vs 4.93 years, p<0.01) were significantly higher in judged claims.ConclusionsAlthough only a very small percentage of paid malpractice claims in the USA are judged in court, a number of characteristics differ between settled and judged claims. Such differences may influence perceptions of malpractice risk and future reform efforts.

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Section: Discussionmentioning

confidence: 95%

Characteristics of paid malpractice claims settled in and out of court in the USA: a retrospective analysis

Rubin

Bishop

2013

BMJ Open

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“…The results of this study are consistent with the findings of studies conducted in Turkey (54), Taiwan (55), Germany (56), United Kingdom (57), USA (58), and Saudi Arabia (59), in which gynaecologists had the highest number of complaints. The surgical team is always the main target of medical complaints due to the invasive nature of their medical practices (60). In a study in Spain, most complaints have been reported against gynaecologists, orthopaedist, neurosurgeons, ophthalmologists, and anaesthesiologists (61).…”

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confidence: 99%

Medical malpractice in Iran: A systematic review

Raeissi

Mirghaed

Sepehrian

et al. 2019

Med. J. Islam. Republ. Iran

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Background: Medical malpractice represents a serious problem in the health system and is one of the risk factors for patient safety which damages the patient and increases costs for the patient and the health care provider. The importance of these complaints against physicians is that litigation may continue for a long time and become problematic for patients and physicians. The objective of this study was to investigate the complaints of medical malpractices which were referred to Iran Medical Council to provide solutions to reduce the complaints and improve service delivery. Methods: Embase, PubMed/MEDLINE, ISI/Web of Science (WOS), Scopus, and Iranian databases, such as MagIran, SID, and Irandoc, were searched from 01/01/1990 to 07/01/2018. Also, the grey literature (via Google Scholar) was searched. Studies written in English or in Persian were searched, and keywords used included malpractice, negligence, medical malpractice, physician impairment, Iran, and professional impairment. Results: Nearly 1455 complaints (36%) of the total number of 3977 complaints were proved to be medical malpractice, and physicians were acquitted in 2542 (64%) cases. Most complaints were from gynaecologists, accounting for 43% of all complaints, followed by orthopaedic specialists who ranked second with 21.4% of the total complaints. The most type of failure was due to lack of skill (30.4%), followed by negligence (29.2%). Imprudence or indiscretion (26.3%) and noncompliance with governmental requirements (14.1%) were also in the next ranks, respectively. Conclusion: Improving patient and physician relationships, observing medical ethics, increasing the scientific and technical skills of the medical staff, and following the guidelines and medical protocols will prevent medical malpractice. Therefore, health policymakers can reduce errors and failures by adopting continuing education on medical, ethical, and legal issues.

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“…20 Factors that can improve career success of female medical school faculty include a flexible work environment, departmental mentoring, and staff support for grant and manuscript preparation. [25][26][27][28] As such, this clearly implies that the average male physician may benefit greatly by working on their ''soft'' skills. This is consistent with previous research that found that medical malpractice claims were much higher among male physicians.…”

Section: Discussionmentioning

confidence: 99%

An Empirical Investigation of the Differences Between Male and Female Medical School Physicians

Deshpande

2011

The Health Care Manager

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The purpose of this research was to investigate gender-related differences among medical school faculty in a variety of areas such as information technology, medical malpractice, compensation, patient care, and carrier satisfaction. The Center for Studying Health System Change's 2008 Health Tracking Physician survey data consisting of 326 medical school faculty belonging to the American Medical Association were used in this study. t Tests indicate that female physicians practicing in medical schools were younger, had less experience, reported lower compensation, and were more likely to be primary care physicians. Male medical school physicians were significantly more concerned about being involved in a malpractice lawsuit. They reported a significantly higher percentage on income based on productivity-related factors. Male physicians also reported getting a significantly higher level of goods and services from drug companies. They also provided more hours of medical service for no or reduced fee in the previous month and higher levels of career satisfaction. Implications of this research are discussed.

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Factors Impacting Perceived Threat of Malpractice Lawsuits by Various Medical Specialists

Cited by 14 publications

References 31 publications

Characteristics of paid malpractice claims settled in and out of court in the USA: a retrospective analysis

Characteristics of paid malpractice claims settled in and out of court in the USA: a retrospective analysis

Medical malpractice in Iran: A systematic review

An Empirical Investigation of the Differences Between Male and Female Medical School Physicians

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