AMA: 31% of Physicians Have Faced Medical Liability Claims

Nearly a third of US physicians reported being previously sued during their career, suggesting the need for medical liability reforms, an analysis from the American Medical Association (AMA) found.

“Even the most highly qualified and competent physicians in the US may face a medical liability claim in their careers; however, getting sued is not indicative of medical errors,” Jack Resneck Jr., MD, president of AMA, said in a press release. “All medical care comes with risks, yet physicians are willing to perform high-risk procedures that offer hope of relief from debilitating symptoms or life-threatening conditions.”

According to Resneck, two-thirds of civil liability claims against physicians are dropped, dismissed, or withdrawn without finding fault. When claims go to trial, the defendants win in almost 9 out of 10 cases.

The analysis gathered responses from physicians nationwide who provide at least 20 hours of patient care per week, have completed their residency, and are not employed by the federal government.

In 2022, 31.2 percent of physicians reported they had been sued at some point in their careers. An average of 61 claims had been filed per 100 physicians.

Age, medical specialty, gender, and employment length influenced a physician’s likelihood of being sued.

Physicians who have been practicing longer have had more exposure to risk. For example, 46.8 percent of physicians over 54 have been sued, compared to 9.5 percent of physicians under 40. Physicians over 54 had an average of 100 claims filed per 100 physicians, while physicians under 40 had an average of 11 claims filed per 100 physicians.

Between 2020 and 2022, physicians over 54 saw a reduction in short-term claim frequency. One reason behind this may be that healthcare utilization declined significantly during the COVID-19 pandemic, leading older physicians’ labor supply to fall and reducing their exposure to the risk of getting sued.

Women physicians are less likely to be sued than men, the survey found. Less than a quarter of women (23.8 percent) had previously been sued, averaging 42 claims per 100 physicians. Meanwhile, 36.8 percent of men had been sued and had an average of 75 claims per 100 physicians.

Similar to older physicians, the likelihood of women being sued between 2020 and 2022 fell slightly from 2018, potentially due to reduced labor supply and lower exposure risk.

The widest variation of civil liability claims was attributed to a physician’s medical specialty. Surgical specialties had the highest risk, while internal medicine subspecialties had the lowest risk. Over 60 percent of obstetricians/gynecologists (OB/GYNs), 59.3 percent of general surgeons, 55.5 percent of other surgeons, and 47.2 percent of orthopedic surgeons have been sued.

OB/GYNs have experienced an average of 152 claims per 100 physicians and general surgeons experienced the most at 193 claims per 100 physicians. Before age 55, 47.2 percent of OB/GYNs and 43.9 percent of general surgeons had been sued, the analysis noted.

At the same time, just 7 percent of allergists and immunologists, 8 percent of hematologists and oncologists, and 8.6 percent of endocrinology and diabetes specialists reported they had been sued during their careers.

Civil liability claims can place significant financial burdens on the healthcare system, especially when most claims are dropped without finding any evidence of wrongdoing. AMA has been working with state and specialty medical associations and other healthcare stakeholders to implement medical liability reforms that better serve patients and physicians.