Patient Complaints and Malpractice Risk

Authors:
  • CFCharles F. Federspiel
    Charles F. Federspiel
  • JPJames W. Pichert
    James W. Pichert
  • CMCynthia S. Miller
    Cynthia S. Miller
  • JGJean Gauld-Jaeger
    Jean Gauld-Jaeger
  • PBPreston Bost
    Preston Bost

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Abstract
Conventional wisdom holds that a physician's malpractice experience is determined by factors associated with the physician, caseload, and unpredictable circumstances. One risk factor for lawsuits is area of specialty, a belief confirmed actuarially in the setting of malpractice rates.1,2 Even within a given discipline, however, some physicians are sued more often than others. Sloan et al3 observed disproportionate malpractice activity among internists, obstetricians, and surgeons, with 2% to 8% of these specialists accounting for 75% to 85% of their group's award and settlement costs.

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