Surgical specialists face higher a risk for malpractice compared to their non-surgical colleagues

Area of Science:

• Medical Law
• Healthcare Risk Management
• Surgical Outcomes

Background:

• Previous research indicates surgical specialties dominate malpractice claims.
• Understanding physician malpractice risk is crucial for patient safety and healthcare system efficiency.

Purpose of the Study:

• To determine the malpractice claim risk for physicians across all specialties working in hospitals.
• To compare the estimated annual risk (EAR) for malpractice claims among surgical, surgical-adjacent, and non-surgical specialties.

Main Methods:

• Retrospective observational study of anonymized closed malpractice claims from 2007-2021.
• Data sourced from two Dutch insurers, analyzing claim volume, outcomes, and calculating EAR per physician.
• Claims sustained or settled were classified as unfavorable outcomes for the physician (UOP).

Main Results:

• Surgical specialties and those with surgical characteristics constituted 77% of closed claims.
• Liability was denied in 51% of claims; 25% were sustained and 18% settled.
• Surgeons had the highest average EAR (21.6%), significantly exceeding those in specialties with surgical characteristics (7.3%) and non-surgical specialties (2.5%).

Conclusions:

• Surgeons face a disproportionately higher risk of malpractice claims compared to non-surgical physicians.
• The study quantifies a higher general and unfavorable outcome claim risk for surgeons relative to specialty size.
• Findings underscore the need for targeted risk management strategies within surgical fields.