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Malpractice allegations: A reality check for resident physicians

Beiqun Zhao1, Luis C Cajas-Monson1, Sonia Ramamoorthy1

  • 1Department of Surgery, University of California San Diego, 9300 Campus Point Drive, #7220, La Jolla, CA, 92037, USA.

American Journal of Surgery
|September 3, 2018
PubMed
Abstract

Insights

Medical malpractice claims frequently involve resident physicians, particularly in surgery. Despite recognizing its importance, surgical residents often lack adequate medico-legal training and knowledge.

Area of Science:

  • Medical Education
  • Surgical Residency
  • Medico-Legal Studies

Background:

  • Medical malpractice poses significant stress and financial burdens on physicians.
  • The impact of malpractice on resident physicians remains under-researched.

Purpose of the Study:

  • To investigate the involvement of resident physicians in medical malpractice claims.
  • To assess the current state of medico-legal training among surgical residents.

Main Methods:

  • Analysis of medical malpractice data from the Comparative Benchmarking System (2007-2016).
  • Survey of surgery residents at an institution concerning malpractice during training.

Main Results:

  • Resident physicians were identified in 4% of malpractice cases, with 32% in surgical specialties.
  • Common allegations included improper surgical performance and patient management.
  • Supervision was a contributing factor in 26% of cases, though named as a primary allegation in only one.
  • 18% of cases named a resident as a defendant.
  • Residents acknowledged their potential liability and the importance of medico-legal curricula but reported poor knowledge.

Conclusions:

  • A substantial proportion of medical malpractice claims involve resident physicians.
  • Medico-legal training in surgical residency programs is frequently inadequate despite its recognized importance.

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