Purpose/Objective(s)
We examined characteristics of medical malpractice claims involving
radiation oncologists closed during a 10-year period.
Methods and Materials
Malpractice claims filed against radiation oncologists from 2003 to
2012 collected by a nationwide liability insurance trade association were
analyzed. Outcomes included the nature of claims and indemnity payments,
including associated presenting diagnoses, procedures, alleged medical
errors, and injury severity. We compared the likelihood of a claim resulting
in payment in relation to injury severity categories (death as referent)
using binomial logistic regression.
Results
There were 362 closed claims involving radiation oncology, 102
(28%) of which were paid, resulting in $38 million in indemnity
payments. The most common alleged errors included: ‘improper
performance’ (38% of closed claims, 18% were paid;
29% [$11 million] of total indemnity); ‘errors in
diagnosis’ (25% of closed claims, 46% were paid;
44% [$17 million] of total indemnity); and, ‘no medical
misadventure’ (14% of closed claims, 8% were paid;
less than 1% [$148,000] of total indemnity). Another physician was
named in 32% of claims, and consent issues/breach of contract were
cited in 18%. Claims for injury resulting in death represented
39% of closed claims and 25% of total indemnity.
‘Improper performance’ was the primary alleged error
associated with injury resulting in death. Compared to claims involving
death, major temporary injury (OR 2.8, 95% CI 1.29–5.85,
P=0.009), significant permanent injury (OR 3.1,
1.48–6.46, P =0.003) and major permanent injury (OR
5.5, 1.89–16.15, P =0.002) had higher likelihood of
a claim resulting in indemnity payment.
Conclusions
Improper performance was the most common alleged malpractice error.
Claims involving significant or major injury were more likely to be paid
than those involving death. Insights into the nature of liability claims
against radiation oncologists may help direct efforts to improve quality of
care and minimize the risk of being sued.