Malpractice is one of those things you hope you’ll never deal with. For many doctors, it feels distant—something that happens to someone else. But the truth is that anyone can get sued, no matter how careful or well-meaning they are. And when it does, the costs—financial, emotional, and professional—can be high.
The 2024 Physicians and Malpractice Report from Medscape gives us a new look at how malpractice is affecting doctors today. More than 1,000 doctors from 29 different specialties shared their experiences and what they’ve learnt along the road. Here’s what stuck out:
How Often Do People Sue Doctors?
More over four out of ten doctors (42%) reported they have been sued for malpractice at some point in their employment. Some of them are:
- 14% were the only defendant.
- 33% were part of a group that was being sued.
- 58% have never been sued, yet a lot of them are still worried that they might be next.
Most of the time, thankfully, cases don’t go to trial:
- Before the trial, 37% were settled.
- 14% were let go right away.
- After the trial, just 2% of the cases ended with a verdict for the patient.
In short, lawsuits happen all the time, but most don’t go to court.
The Most Common Reasons People Get Sued
Some of the most common accusations against doctors haven’t changed much throughout the years:
- 35% of the time, the diagnosis was wrong or took too long.
- 29% of people had problems with treatment or surgery.
- 20% of people didn’t get treated
- 19% of the time, the condition gets worse or the results are bad.
- 15% of deaths were wrongfully caused.
- There were also concerns with informed consent, paperwork, medication, and safety.
It’s not always the case that things proceed as planned when doctors do everything perfectly. That’s when problems emerge.
What do payments for malpractice look like?
If you’re curious about how much money they cost, most rewards aren’t as big as the headlines make them seem:
- Settlements for 31% of cases were less than $100,000.
- 35% were between $100,000 and $500,000.
- Only 6% went beyond $2 million.
The emotional cost, on the other hand, might be just as big, and sometimes even bigger.
Was it fair?
Doctors have different answers to this query.
Some people indicated they were okay with the result, even though it didn’t seem fair. Some people thought they were being falsely accused. Some people wanted to go to trial only to clear their name. And a lot of people talked about how stressful it was to live under a legal cloud for months or even years.
How Lawsuits Affect Doctors
A malpractice case can leave a lasting effect on you. Many doctors felt it affected how they work, in fact:
- 43% made actions to lower their risk in the future, such as keeping more records, being more clear in their communication, and being more careful.
- 35% said they don’t trust patients as much anymore and treat them differently.
- Some switched insurance companies, while others quit the field of medicine altogether.
- But about a third claimed it didn’t influence how they acted at all.
Worry About Malpractice
Even doctors who have never been sued feel the weight of what could happen.
- 67% stated they are at least a little worried about getting sued.
- 10% said they think about it all the time.
- Older doctors and those who have been sued in the past were more inclined to worry about it happening again.
It puts pressure on you without you even knowing it.
What Doctors Say Could Help Keep Lawsuits from Happening
A few important modifications might help lower the risk, according to the doctors who were asked.
- 53% of people said they wanted to improve communication with patients.
- 47% of people said that medical review panels should look at weak cases.
- Limiting damages that aren’t economic—44%
- 38% of people said they would take steps to cut down on medical mistakes.
- If plaintiffs lose, they have to pay their own legal fees—35%
- 23% of people want special courts to handle malpractice claims.
Most doctors think that better communication and a fairer system may go a long way.
Which kind of doctors are most likely to be sued?
Specialists usually have to pay more for malpractice insurance than primary care doctors. That makes sense, as specialists usually work with more important procedures and results.
Still, how people see things matters:
- 79% of psychiatrists stated their premiums were fair.
- Only 31% of internists said the same thing.
Self-employed doctors, who commonly pay for their own insurance, were more likely to think their rates made sense—maybe because they knew they would.
Who Filled Out the Survey?
- 1,029 doctors from 29 different fields.
- 39% women and 59% males.
- The survey took place from May to June 2024.
Link to the full Medscape report here.
Last Thoughts
No one who goes into medicine expects to spend time in court. But this survey demonstrates that many doctors have to deal with malpractice lawsuits as part of their employment.
The best way to protect yourself? Stay ahead of the game:
- Speak clearly and with kindness.
- Write down everything.
- Even if you don’t think you need to, follow up.
- And don’t be scared to let go of patients who are rude or don’t follow your instructions.
You may never be able to completely avoid malpractice, but it doesn’t have to define your career either.
If you’re looking for trusted malpractice insurance, we can help.
Contact us today, and we’ll connect you with our preferred malpractice insurance provider—someone who understands the unique risks physicians face and can tailor coverage to your needs.
