January 15th, 2018

Recent Study Finds Majority of Physicians Sued

A recent study conducted by Medscape evaluated more than 4,000 physicians and has found that medical malpractice lawsuits have been filed against more than half (55%) of physicians in the United States, with nearly half (49%) of the physicians sued more than once.  Among all physicians, the top reasons for the lawsuit were failure to diagnose/delayed diagnosis (31%), complications from treatment/surgery (27%), and poor outcome/disease progression (24%). These numbers varied from a similar survey conducted in 2015 which indicated that 31% of lawsuits were a result of the patient suffering an abnormal injury. That number dropped significantly to 9% of lawsuits in 2017.

According to the 2017 study, Surgeons and Obstetricians/Gynecologists often are the specialists that tend to be sued most, at 85% each. These numbers appear consistent with a similar survey performed in 2015. It was also reported in the 2017 survey that primary care physicians, surgeons, and ob/gyns were often named in two or more lawsuits. These medical malpractice suits can be unexpected for physicians. According to Medscape, over half (58%) of physicians sued categorized their reaction as “very surprised” by the lawsuit.

Although the majority of all lawsuits are settled or dismissed prior to trial, more than three-fourths (79%) of all lawsuits took more than one year to conclude, one-third of all physicians sued spent more than forty hours defending their case, and more than three-fourths (81%) of physicians were required to sit for a deposition during the pendency of their case. Nearly one-fourth (22%) of physicians sued stated that, in hindsight, they would have improved documentation in the patient’s chart, and more than half (53%) of physicians believe that they can discourage future lawsuits by enhancing communication with their patients.


Attorney Graig Schultz is a litigator in Gross McGinley’s Medical Malpractice Defense Group, representing hospitals, health networks, physician groups, and individual medical professionals in lawsuits pertaining to medical care and supposed negligence.

The content found in this resource is for informational reference use only and is not considered legal advice. Laws at all levels of government change frequently and the information found here may be or become outdated. It is recommended to consult your attorney for the most up-to-date information regarding current laws and legal matters.