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Rates and Characteristics of Medical Malpractice Claims Against Hospitalists
Adam C Schaffer1,2, Chihwen Winnie Yu-Moe1, Astrid Babayan1
1CRICO/Risk Management Foundation of the Harvard Medical Institutions, Boston, Massachusetts.
Journal of Hospital Medicine
|July 1, 2021
Summary
Hospitalists face increasing malpractice claims risk, with rates rising while other specialties saw decreases. Their claims involve higher payments and injury severity, indicating a worsening legal environment.
Area of Science:
- Medical malpractice
- Healthcare law
- Physician risk assessment
Background:
- Hospitalists operate in high-stakes, litigious medical environments.
- Limited data exists on malpractice claims risk specific to hospitalists.
Purpose of the Study:
- To analyze the rates and characteristics of malpractice claims against hospitalists.
- To compare hospitalist malpractice data with other medical specialties.
Main Methods:
- Analysis of malpractice claims data from a large national database (approx. 31% of US claims).
- Comparison of hospitalists (n=1,216) against comparator specialties (n=18,644).
- Evaluation of claims rates, payment percentages, indemnity amounts, allegation types, and injury severity.
Main Results:
- Hospitalists' annual malpractice claims rate was 1.95 per 100 physician-years, similar to general internal medicine but higher than subspecialists.
- Hospitalist claims rates increased (2009-2018), unlike most other specialties.
- Median indemnity payments for hospitalists ($231,454) were significantly higher than most comparator specialties.
- Errors in clinical judgment were the strongest predictor of payment in hospitalist claims (aOR=5.01).
Conclusions:
- Hospitalist malpractice claims rates did not decrease, unlike other specialties, during the study period.
- Hospitalist claims exhibit high injury severity and median indemnity payments.
- The malpractice environment for hospitalists is becoming less favorable, necessitating attention to risk management.
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