Things You Might, or Might Not, Guess About Medical Malpractice in 2021

Check this out. What you will see are the findings of Medscape’s surveying more than 4300 physicians in nine specialties concerning their experiences with, and attitudes toward, medical malpractice. Why do I think we should care about this? Simple! Over the course of my career, I have had the opportunity to speak with many physicians about their experiences with medical malpractice. What I have heard from these doctors, our customers, is that being sued is an experience that has a profound effect on the physician defendant, often for a protracted period of time and not infrequently forever. Trust me. When a doctor is in the throes of a malpractice suit, we are going to have a real challenge in gaining her time and attention for our “important” drug promotion communications.

Every one of the pages contained in this report is of interest, but some really stood out for me. For example, on page 2 we see that slightly over half of the doctors surveyed had been named in a malpractice suit at some point in their careers, typically in concert with other defendants. Scrolling forward to page 3 reveals (you probably would have guessed this one!) that lawsuits are significantly more likely for specialists than they are for PCPs. Page 5 also deals with common sense, in that it points out that surgeons are the most likely targets of litigation. Brief and impersonal interactions with patients, complicated procedures and high expectations (especially for plastic surgeons!) combine to lead to this outcome. Page 13 is really scary and at least to me, somewhat surprising. There we learn that two-thirds of malpractice cases take longer than a year to resolve. In some cases, much longer! Doctors left in suspense for way too long!

And, surprise! Although many pundits, including me, predicted that the COVID pandemic would lead to a raft of malpractice cases, e.g. “failure to diagnose,” NONE of the doctors surveyed reported having a suit filed for a “COVID related allegation,” and 87% of doctors reported no concerns about such legal action.

Bottom Line. Just as they always do, this Medscape study provides important backstory insights as to what is going on in the minds of our physician customers. Read the whole thing. It will only take you a few minutes. Then contemplate what these findings might mean to the mental health of our physician customers.

That might take a little longer!

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