(HealthNewsDigest.com) – Unfortunately, errors committed by doctors and other medical professionals can often have long-lasting or fatal consequences, potentially impacting the lives of the people affected for years to come. These errors are often preventable, and in cases like that, victims are entitled to fair compensation for their pain.
However, some medical professionals are more likely to have malpractice lawsuits than others. This begs the question: Which type of medical practice gets the most malpractice lawsuits, and why is that the case?
What type of practice faces the most lawsuits?
A 2019 survey of more than 4,300 doctors found that the number of doctors who had been sued was very high: 60% of all doctors have said that they had been suited at some point in their career.
Unsurprisingly, the survey revealed that doctors who practiced specialties – rather than general practitioners – were more likely to get sued.
The data showed the following percentages of doctors who were sued:
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General Surgery: 85%
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Urology: 84%
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Otolaryngology: 83%
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OB-GYN: 83%
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Specialized Surgery: 80%
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Radiology: 76%
The same data showed that roughly 1/3 of all of these cases were settled before going to trial.
The percentage of doctors sued also varies by the state in which the practice is located. Doctors who practice in different states report different rates of lawsuits:
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Kentucky: 75% of all doctors have been sued
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Nevada: 73%
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Illinois: 71%
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New Mexico: 70%
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Indiana: 70%
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Florida: 69%
The same survey also found different reasons for such lawsuits. These included:
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Missed or delayed diagnoses: 31%
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Treatment didn’t work or brought on additional complications: 27%
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Poor treatment outcome or continued progression of the illness: 24%
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Failure to treat the illness or delayed care: 17%
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Death: 16%
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Injury to patient: 9%
It is also worth keeping in mind that doctors who practice longer are more likely to have faced a lawsuit at some point in their career. According to the American Medical Association, nearly half of all doctors who are 55 and older have faced lawsuits at some point in their careers, compared to a mere 8% of doctors under forty. This is not to say that doctors get worse with age but would imply that the longer a doctor is in practice, the more likely they are to be sued due to an error.
Why is this the case?
The above data begs the question: Why is the above the case? Why are some specialties more likely to get sued than others? And why are general practitioners less likely to be sued?
The answer to the first question can be found in the answer to the third. Some professions – like surgery – can have catastrophic consequences when they go wrong. A surgeon’s error, lack of preparation, or malpractice is far more likely to have devastating consequences than that made by a general practitioner, and if a surgeon makes a mistake during your operation, you could be injured for the rest of your life.
There are also a variety of reasons as to why some states are more likely to have doctors sued than others. On one hand, some states have fairer medical malpractice laws that allow patients additional remedies if they are mistreated by a medical professional. Some states have significantly clamped down on patient’s rights, making it harder to sue in the event of injury, or substantially raising the burden of proof.
Indeed, according to the American Medical Association survey cited above, twenty states have enacted some sort of medical malpractice “reform” since 2000. These new laws either raise the burden of proof or make it harder for patients to be compensated for errors committed by doctors. While many of these laws have reduced lawsuits, they have left patients with no remedy if they were injured due to a doctor’s error.
Of course, that’s not the only reason. In many cases, states have patients who are older, sicker, and more likely to see a doctor. In that case, it sadly follows that there will be more chances for severe medical errors that result in an injury to a patient.
Healthcare is big business, and while these statistics are indeed shocking, they don’t paint the whole picture of medical malpractice. Don’t wait until you’ve been injured to start considering what legal options you may have. Keep in mind: If you believe you have been the victim of, or have identified some subtle signs of medical malpractice, you have legal rights and should be fairly compensated for your injuries.