Medical malpractice continues to pose a significant threat to patient safety and physician well-being. Medical malpractice research shows a mix of human error, system failures, burnout, and even circadian rhythm issues. All these factors lead to expensive mistakes.
The results are not only harmful for patients needing medical care but also on the payout on medical malpractice settlements. This leads to higher malpractice insurance costs, emotional stress for healthcare providers, and in some cases lost wages.
Understanding medical malpractice is important for doctors, administrators, insurers and healthcare systems. This includes patient safety and the causes of medical errors. Research and studies on malpractice help everyone involved. By identifying root causes, organizations can implement proactive risk management strategies in healthcare, reducing malpractice payouts while improving patient safety.
The 23 studies below on medical errors and malpractice cover the last 30 years highlight the main causes of medical malpractice claims. They also show what makes these claims worse. Finally, they offer tips on how to reduce these issues, considering a multitude of factors, such as:
This systematic review estimates that at least 0.7% of adult hospital admissions involve harmful diagnostic medical errors. Many common conditions, along with a wide range of diseases, go undetected. Fourteen diagnoses make up more than half of all diagnostic errors, with failure to diagnose being a significant contributor. This shows that healthcare professionals need better diagnostic processes.
Source: BMJ Quality & Safety (2020)
A review of 47 studies with more than 42,000 doctors found that burnout doubles the risk of patient safety issues. It also leads to less professionalism and lower patient satisfaction. Patients may suffer due to the feeling of “depersonalization” (detachment or disconnection) in burnout, which was most linked to these outcomes. This was especially true for early-career doctors.
Source: JAMA Internal Medicine (2018)
This study identifies specific and teachable communication behaviors associated with malpractice claims prevention for primary care physicians. Routine physician-patient communication differs in primary care physicians “with vs. without” prior malpractice claims. Bottomline, effective communication can reduce malpractice risk.
Source: Journal of the American Medical Association (1997)
This study found that physicians with a history of paid malpractice claims are at higher risk for future claims. One past paid claim raised the chance of a larger future claim, highlighting the financial implications of malpractice settlements. This is true for all specialties and public disclosures.
Source: JAMA Health Forum (2023)
The Harvard Medical Practice Study found that adverse events happened in 3.7% of hospital stays. Of these, 27.6% were due to mistakes like medical negligence. The percentage of adverse events attributable to negligence increased with the severity of injury, with severe cases like permanent brain damage significantly influencing case settlements.
Source: New England Journal of Medicine (1991)
This study showed that reducing interns’ work hours greatly lowered serious medical errors in intensive care units. Interns made many more serious medical errors and experienced significant physical pain when they worked long shifts of 24 hours or more. This was true compared to when they worked shorter shifts.
Source: New England Journal of Medicine (2004)
This is a comprehensive report by the National Academies outlining strategies to reduce medication errors. These errors harm over 1.5 million people annually in the U.S. The report provides an agenda for improving the safety of medication use, emphasizing the importance of proper medication use as part of necessary medical treatment.
Source: National Academies Press (2007)
This study evaluates the use of electronic medical record-based triggers to detect diagnostic errors, including failure to diagnose, in emergency rooms and departments aiming to enhance patient safety. Rules-based e-triggers were useful for “post hoc” detection of missed opportunities in diagnosis.
Source: JAMA Internal Medicine (2024)
This review highlights the underrepresentation of women in medical research, leading to gender biases in diagnosis and treatment. The study emphasizes the need for inclusive research to ensure equitable healthcare outcomes. Other factors, such as state laws and regulations, as well as the medical specialty of the physician, also contribute to these gender biases.
Source: Women’s Health Reports (2022)
This article explores the psychological impact of malpractice lawsuits on physicians, introducing the concept of “Medical Malpractice Stress Syndrome.” It discusses the legal theory of negligence and the stress and suffering induced by malpractice claims.
Source: American Heart Association - Stroke Journal (2023)
Here’s an analysis of how malpractice laws influence medical practice, including the adoption of defensive medicine. The study discusses the perception of injustice in the malpractice system and its impact on physician behavior.
Source: AMA Journal of Ethics (2007)
This study analyzes 14 years of FDA data on robotic surgery, identifying common adverse events and their implications for patient safety. The study found that 1.4% of reported incidents involved deaths, 13.1% patient injuries, and 75.9% device malfunctions. Severe brain damage and other catastrophic injuries can result from these adverse events, highlighting the critical impact of such incidents.
Source: PLOS One (2016)
Read our blog on surgical errors in the operating room.
This research suggests that the transition to daylight saving time (for time zones that observe it) may increase the incidence of medical errors. Malpractice payout severity due to circadian misalignment also increased. The study analyzed 288,432 malpractice claims over nearly three decades, highlighting variations in malpractice payouts by state and how these discrepancies can be influenced by state laws, legal environments, and regional healthcare practices.
Source: Journal of Clinical Sleep Medicine (2024)
This American Medical Association (AMA) report analyzes the frequency of malpractice cases among U.S. physicians from 2016 to 2022. The data reveals that 31.2% of physicians reported that someone sued them. However, in these cases, claimants dropped, dismissed, or withdrew 65% of the claims that closed between 2016 and 2018.
Source: American Medical Association (2023)
This study found a 10% increase in fatal medication errors during July in counties with teaching hospitals. July coincides with the arrival of new medical residents. The findings suggest that inexperience and increased workload during this transition period may contribute to higher error rates, which can lead to significant financial impacts, including future medical bills for ongoing treatment.
Source: Journal of General Internal Medicine (2010)
This study investigates the link between cognitive medical errors and contributing organizational and individual factors, emphasizing the legal implications of a medical malpractice incident. It emphasizes the need for systemic interventions to address cognitive errors, highlighting factors like workload, communication issues, and inadequate training.
Source: Risk Management and Healthcare Policy (2021)
This systematic review examines malpractice claims in primary care, highlighting diagnosis and medication errors as prevalent issues. The study underscores the importance of addressing these areas to improve patient safety and reduce litigation.
Source: BMJ Journals (2013)
This analysis of two decades of malpractice claims reveals that physicians win 80-90% of jury trials with weak evidence of negligence. It also shows that doctors win about 70% of borderline cases and 50% of cases with strong evidence. The study suggests that verdicts often align with the strength of evidence, impacting the extent to which plaintiffs are compensated for economic and noneconomic damages.
Source: Clinical Orthopaedics and Related Research (2008)
This study assessed malpractice risk across medical specialties. It revealed that by age 65, 75% of physicians in low-risk specialties and 99% in high-risk specialties had faced a malpractice claim. Despite high claim rates, most did not result in payments to plaintiffs.
Source: New England Journal of Medicine (2011)
This study found that physicians with multiple malpractice claims were more likely to leave clinical practice, having suffered significant impacts on their careers. They may also shift to smaller practice settings. However, they were not more likely to relocate geographically compared to those without claims.
Source: New England Journal of Medicine (2019)
This study analyzed 240 malpractice claims involving trainees. It found that errors in judgment, inexperience, or lack of supervision were the most prevalent contributing factors. It emphasizes the need for improved training and oversight of medical trainees to enhance patient safety.
Source: JAMA Internal Medicine (2007)
Over 20 years, this study reviewed malpractice claims in a family medicine department, identifying common allegations like diagnostic errors and medication mishaps. It highlights areas for quality improvement in family medicine practices.
Source: Journal of the American Board of Family Medicine (2022)
This commentary discusses a study suggesting that medical errors may be the third-leading cause of death in the U.S., following heart disease and cancer. It calls for improved reporting and prevention strategies to address this significant public health issue. Wrongful death claims often arise from such medical errors, highlighting the legal implications when negligence, reckless behavior, or intentional misconduct by healthcare providers leads to a patient's death.
Source: Harvard Law – Petrie-Flom Center (2016)
These 23 medical malpractice studies paint a compelling and sobering picture. It shows that medical malpractice is rarely caused by a single mistake or action. Rather, they reflect the intersection of deeply rooted systemic vulnerabilities, individual-level stressors, cognitive overload, outdated processes, and communication breakdowns. When left unaddressed, these issues accumulate – fueling the very medical errors and delays that patients and courts alike view as avoidable.
What’s more, today’s healthcare landscape presents emerging risks to standard of care. Advances like robotic-assisted surgery and telemedicine promise expanded access and precision. However, they also bring new categories of malpractice risk – such as tech failure and lack of standardized procedures. These shifts highlight the urgent need for modernized medical malpractice coverage and clinical protocols that keep pace with innovation.
Yet, there’s good news: the same malpractice research that uncovers these risks also offers clear, actionable solutions. These aren’t just theoretical. Researchers prove these evidence-based strategies to work in diverse care settings, from overburdened emergency rooms to outpatient clinics.
If you’re a doctor wondering whether you have full protection, don’t wait to discover the hard way. Indigo makes it easy to get the right malpractice coverage for your practice, offering tailored solutions that allow you to focus on patient health care, whether in private practice or the emergency room. We can even give you access to legal counsel and malpractice lawyers in the event you need it.
By learning from the medical malpractice case studies, you can safeguard yourself, your patients, and your career. Keep these lessons in mind as you continue your practice – and always ensure you’re prepared for the unexpected.
Connect with us to protect yourself against increasing risks. Invest in the right medical malpractice insurance coverage now for long-term protection.
Reach out to us today for a free consultation and secure the right medical malpractice insurance to protect yourself.
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