AMA report: 95 medical liability claims filed for every 100 physicians

On average, 95 medical liability claims were filed for every 100 physicians who participated in a national survey, according to a report issued by the American Medical Association.

The eight-page report, which drew from a sample of 5,825 respondents to the AMA’s 2007-2008 Physician Practice Information survey, made a compelling argument in favor of national and state-level medical liability reform, according to an AMA news release.

While the majority of claims were dropped or closed without payment, the report underscores the need for federal and state-level medical liability reforms, James Rohack, MD, AMA immediate past president, said in the release.

According to the report, 65% of claims were dropped or dismissed; 25.7% were settled; 4.5% were resolved through an alternate dispute mechanism; and 5% were decided by trial. While physicians win in 90% of medical liability cases that go to trial, claims still increase medical costs, according to the AMA release.

Defense costs per claim average $40,649, ranging from a low of over $22,163 for dropped or dismissed claims to a high of over $100,000 for cases that see trial, according to the report. A review of closed claims found no injuries in 3% of claims and no physician error in 37% of claims.

“The AMA supports proven medical liability reforms to lower health care costs and keep physicians caring for patients,” Rohack said. “This litigious climate hurts patients’ access to physician care at a time when the nation is working to reduce unnecessary health care costs.”

General surgeons and obstetricians/gynecologists faced five times more claims per 100 physicians than pediatricians and psychiatrists. Approximately 50% of obstetricians/gynecologists have been sued by age 40, the report said.

The high incidence of legal claims is concerning, in that it reflects a considerable investment of time, resources and mental anguish on the part of physicians and patients alike to resolve conflicts that are clearly not being addressed by any other mechanism. Certainly, not all legal claims filed have merit and, while legal liability reform is commendable, one area that the AMA and other stakeholders might focus upon is the creation of alternative mechanisms whereby disputes and disagreements between physicians and their patients could be resolved quickly, and inexpensively.

– B. Sonny Bal, MD
Associate Professor, Department of Orthopedic Surgery,
University of Missouri School of Medicine

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