The purpose of this study is to estimate the relative likelihood of a lawsuit arising from a radiology study performed in emergency (ED), inpatient (IP) and outpatient (OP) settings. While several studies analyze radiology malpractice lawsuits, none specifically examines the site of service. As the majority of emergency providers will be named in a MPL claim during their career, it is essential to have a better understanding of the most common factors resulting in MPL claims.
AVERAGE TIME DOCTOR SPENDS WITH PATIENT PROFESSIONAL
This retrospective review updates the body of knowledge surrounding medical professional liability and represents the most recent analysis of claims in emergency medicine. Claims reporting major permanent injury had the highest paid-to-closed ratio, and those reporting grave injury had the highest average indemnity of $686,239. Death was the most common level of severity listed in closed (38.5%) and paid (42.8%) claims. Error in diagnosis was the most common chief medical error cited in closed claims. The most common resulting medical condition cited in paid claims was cardiac or cardiorespiratory arrest (10.4%). The remaining 7.4% of cases (38/515) were jury verdicts for the plaintiff, with an average indemnity of $816,909. Of the 515 (7.6%) cases that went to trial, juries returned verdicts for the defendant in 92.6% of cases (477/515).
Another 22.8% of claims settled for an average indemnity of $297,709. Of 6,779 closed claims, 65.9% were dropped, withdrawn, or dismissed.
Data included the total amount, origin, top medical specialties named, chief medical factors, top medical conditions, severity of injury, resolution, average indemnity, and defense costs of closed claims. We conducted a retrospective review of closed MPL claims of adults over 18 years, from the Medical Professional Liability Association's Data Sharing Project database from 2001-2015, identifying 6,779 closed claims. This study reviews malpractice, also called medical professional liability (MPL), claims involving adult patients cared for in emergency departments (ED) and urgent care settings.
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