'Getting Sued Is A Matter Of When, Not If, For Physicians': 7 Report Findings

Approximately 50 percent of physicians over the age of 54 have been sued at least once, whereas just 8.2 percent of physicians under the age of 40 have faced litigation throughout their careers, according to survey findings published by the American Medical Association.

The report, titled "Medical Liability Claim Frequency Among U.S. Physicians," analyzed 3,500 physician responses to the AMA's 2016 Benchmark Survey to estimate claim frequency for all physicians and explore the likelihood of claims by age, gender, specialty and practice type. The 2016 Benchmark Survey fielded responses from post-residency physicians who provide at least 20 hours of patient care per week, practice in the U.S. and are not employed by the federal government.

Here are seven report findings.

1. Controlling for other factors such as specialty and gender, physicians 55 and older were 40 percent more likely to have been sued than physicians under 40. Nearly 29 percent of physicians between the ages of 40 to 54 have been sued. The probability of being sued increases with age, as older physicians have been in practice for longer.

2. As of 2016, 34 percent of all physicians have been sued and 16.8 percent have been sued two or more times throughout their careers.

3. Over the course of their careers, 22.8 percent of female physicians were sued, in comparison to 39.4 percent of their male counterparts. The disparity is a result of factors such as age and specialty.

4. Psychiatrists and pediatricians were least likely to be sued, as only 16 percent of psychiatrists and 17.8 percent of pediatricians have faced litigation throughout their medical careers.

5. More than 63 percent of general surgeons and OB/GYNs have had a claim filed against them, making physicians in these specialties most likely to be sued. Additionally, 50 percent of general surgeons were sued two or more times and 44.1 percent of OB/GYNs were sued at least twice.

6. Physicians who work in a solo practice were most likely to be sued, compared to other practice types, with 40.4 percent facing a lawsuit. Physicians who are a direct hospital employee were least likely to be sued, with 29.3 percent ever facing litigation.

7. The report noted getting sued is not indicative of a medical error. Data from the PIAA, an insurance trade association that represents medical professional liability insurance companies, show that 68 percent of all claims brought against medical professionals that closed in 2015 were dropped, dismissed or withdrawn.

To read the full report, click here.

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