64% of radiologists have been named in malpractice lawsuits—top 10 among specialties
Sixty-four percent of radiologists say they’ve been named in a medical malpractice lawsuit, placing the specialty in the top 10 overall, according to new survey data.
Radiology came in at No. 9, just ahead of cardiologists’ 58% mark. Plastic and general surgeons both tied for the top spot (83% of specialists), with orthopedists (81%) and urologists (80%) following closely behind.
Nearly 4,300 physicians were surveyed between May and August as part of the 2021 Medscape Malpractice Report. The results did not specify how many radiologists were included across the 29 specialties.
Out of all physicians, 51% claimed to have faced a lawsuit at least once during their careers, with specialists named more often than primary care physicians (56% vs. 42%, respectively). Those figures are lower compared to pre-COVID levels, the authors noted.
Back in 2019, 76% of rads said they had been sued individually, lumped in with others or both. Similarly, a larger proportion of both specialists (62%) and PCPs (52%) said they were cited in medical malpractice cases, according to Medscape’s previous report.
“COVID certainly has something to do with it. People haven’t been able to get out. This includes getting out to have medical procedures done and getting out to file lawsuits,” said Michael Moroney, JD, an attorney with Flynn Watts LLC in Parsippany, New Jersey.
What prompted patients or others to file these suits? Thirty-one percent of respondents cited a failure to diagnose or delayed diagnosis as the culprit, edging out complications stemming from treatment /surgery (29%) and poor outcomes/disease progression (26%).
A majority said they were very surprised by the lawsuit, and 83% believed litigation wasn’t warranted in the first place. Few malpractice claims make it to trial, with one-third of physicians settling beforehand. By comparison, 2% indicated their case went to trial and the judge or jury sided with the plaintiff.
Looking back, 14% wished they had better chart documentation but 43% said they would have done nothing differently.
Nearly three-quarters of physicians indicated their experience did not negatively affect the rest of their careers. At the same time, 40% noted the litigation process took 1-2 years—the worst part of the entire experience for most.
One specialist offered up advice to fellow doctors.
“Be well prepared, make sure you review all your records, answer only questions that were asked, and be sure of the answers. Be brief and specific in your answers,” a nephrologist told Medscape.
View the entire report here.
Matt joined Chicago’s TriMed team in 2018 covering all areas of health imaging after two years reporting on the hospital field. He holds a bachelor’s in English from UIC, and enjoys a good cup of coffee and an interesting documentary.