Across the world, and especially in the United States, medical professionals are sued by patients and their loved ones claiming medical malpractice. Medical malpractice is defined as “any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.” This means that any medical patient who feels they have been injured or received insufficient treatment by a medical professional has the right to take legal action.
One In Three Doctors Have Been The Subject Of A Medical Malpractice Lawsuit
And, according to the American Medical Association (AMA), one in three physicians has been sued or experienced legal action against them under a medical malpractice lawsuit.
While it’s clear that medical malpractice claims may not be rare in the medical field, is there a specific type of medical professional that is sued more than others? Let’s take a look at some studies, reports, and testimonials in a deep dive to see which type of doctor most often faces medical malpractice claims and why.
Medical Malpractice Is A Leading Cause Of Death In The United States
Unfortunately, medical malpractice is the third leading cause of death in the United States, contributing to over 250,00 deaths, making up 9.5% of all deaths in the U.S. Therefore, it is clear that medical malpractice claims are not to be taken lightly.
Top 5 Leading Causes Of Death In The U.S.
- Heart Disease: 650,000 deaths per year
- Cancer: 608,570 deaths per year
- Medical Malpractice: 250,000 deaths per year
- Unintentional Injury: 224,935 deaths per year
- Stroke: 162,890 deaths per year
The Most Common Medical Malpractice Claims
There are several ways that medical professionals can find themselves in a legal battle, although there are a select few specific types of lawsuits that doctors and other professionals typically encounter. In a Medscape Surgeon Malpractice Report, from a pool of 4,300 physicians from 29 specialties, the top causes of medical malpractice lawsuits included:
- Procedure Complications: 42.8% of claims
- Poor Outcomes: 13.8% of claims
- Wrongful Death: 11.2% of claims
- Failure To Treat: 10.5% of claims
- Medical-Related Injury: 9.9% of claims
- Other reasons less likely to result in a medical malpractice case include:
- Errors in medication
- Poor documentation
- Questions of informed consent
Which Types of Doctors Are Most Likely To Be Sued?
Although any medical professional can be held liable for medical malpractice, in a 2023 report of 22 different physician specialties, it became clear that some medical personnel were more likely to be sued than others depending on their specialty.
The results from the study demonstrate the percentage of medical practitioners who have been involved in a medical malpractice case and their corresponding specialty.
- General surgery: 90%
- OB-GYN: 85%
- Orthopedics: 82%
- Plastic surgery: 73%
- Otolaryngology: 72%
- Radiology: 72%
- Urology: 72%
- Emergency medicine: 71%
- Critical care: 66%
- Cardiology: 64%
- Gastroenterology: 64%
- Neurology: 59%
- Anesthesiology: 57%
- Infectious diseases: 50%
- Ophthalmology: 49%
- Oncology: 47%
- Internal medicine: 46%
- Family medicine: 45%
- Physical medicine and rehabilitation: 45%
- Pathology: 44%
- Pediatrics: 43%
- Psychiatry: 30%
Ultimately, as shown by the data, it’s no surprise that surgeons are the most often sued professionals in the medical field with 90% of surgeon participants having been involved in a legal dispute regarding medical malpractice. This is due to the complexity of their field of work and the great risks associated with undergoing a surgical procedure, leaving them most susceptible to medical malpractice claims whether they are warranted or not.
Which States Have The Most Medical Malpractice Lawsuits?
The doctor’s practice location also has a significant effect on the likelihood of a doctor being sued for malpractice. However, the number of medical negligence lawsuits in any state hinges on a number of variables, such as the extent of tort reform, the litigation culture, the number of physicians practicing in the state, and patient demographics. Recent research shows that the top 10 states for medical malpractice lawsuits include:
- Louisiana – 72% of physician respondents had been named in a medical malpractice lawsuit
- Indiana – 68% of physician respondents had been named in a medical malpractice lawsuit
- Kentucky – 68% of physician respondents had been named in a medical malpractice lawsuit
- New Mexico – 67% of physician respondents had been named in a medical malpractice lawsuit
- Pennsylvania – 66% of physician respondents had been named in a medical malpractice lawsuit
- New York – 65% of physician respondents had been named in a medical malpractice lawsuit
- Oregon – 64% of physician respondents had been named in a medical malpractice lawsuit
- Missouri – 59% of physician respondents had been named in a medical malpractice lawsuit
- South Carolina – 57% of physician respondents had been named in a medical malpractice lawsuit
- Tennessee – 57% of physician respondents had been named in a medical malpractice lawsuit
Demographics Of Medical Malpractice Claims
As it turns out, the age, gender, race, and location of a doctor do impact the rate of malpractice claims. Research by large malpractice insurance carriers shows that claims against physicians can vary based on several factors which include:
Factors Influencing Medical Malpractice Claims
Gender of Physicians
- Male doctors face a higher likelihood of being sued for medical malpractice compared to their female counterparts, with 75 claims per 100 male physicians versus 42 claims per 100 female physicians.
Patient Demographics
- Age: Patients over the age of 65 are 12% more likely to experience medical malpractice.
- Gender: Women aged 40 and over are the most likely to file medical malpractice claims.
- Race: White patients are more prone to report malpractice or file claims than Black patients.
Location Of Practice
- Urban vs. Rural: Rural patients encounter more challenges in accessing quality healthcare compared to those in urban areas, potentially leading to a higher risk of malpractice.
Contact a Grand Rapids Medical Malpractice Attorney
If you or someone you know has recently suffered an injury that may be medical negligence resulting in injury or death, speak with an experienced and knowledgeable Grand Rapids injury lawyer immediately to protect your interests or those of your loved one.
Buchanan Firm has medical professionals who are available to immediately investigate your claim to determine if the deviation was caused by medical negligence.
Our Grand Rapids medical malpractice lawyers proudly serve people all across Michigan, including major cities and small communities. Call or contact us today.
