Syracuse Medical Malpractice Lawyer Blog

According to a new study published in BMJ Quality and Safety, the percentage of doctors who get disciplined or who pay a medical malpractice claim, is four times less in some states than others. And New York came up short.

The researchers out of the University of Michigan Medical School examined state medical board physician disciplinary action rates using the US National Practitioner Data Bank and the American Medical Association estimates of physician demographics across all 50 states and the District of Columbia from 2010 to 2014. Results were adjusted using a multilevel logistic model controlling for year of disciplinary action, physicians per capita in each state, and the rate of malpractice claims per physician in each state.

For the US as a whole there are 3.75 actions – including 1.15 that are “serious” – annually, for every 1,000 practicing physicians. The variation among states, however, remains large. Delaware scored the highest, with 7.93 actions per 1,000 physicians, 2.71 of which were major infractions. Dissimilarly, Massachusetts had the lowest of all actions, at 2.13; and New York had the lowest rate of major infractions, at 0.64. Connecticut and Pennsylvania also scored low.

According to a recent study out of the New England Journal of Medicine, “Prevalence and Characteristics of Physicians Prone to Malpractice Claims,” “a small number of physicians with distinctive characteristics account[] for a disproportionately large number of paid malpractice claims.”

The authors of the study conducted an extensive review of the National Practitioner Data Bank, analyzing 66,426 claims paid against 54,099 physicians from 2005 through 2014. According to the results, approximately 1% of all the physicians accounted for 32% of paid claims and, the more often a doctor is sued, the more likely he or she will be sued again. For example, as compared with physicians who had one previous paid claim, physicians who had three paid claims had three times the risk of incurring another, and a doctor who had six or more paid claims was 12 times as likely.

Risks also varied by specialty. For instance, the risk of recurrence was approximately double among neurosurgeons and orthopedic surgeons as compared to internists. The lowest risks of recurrence were seen among psychiatrists and pediatricians. Male physicians also had a higher risk of recurrence than female physicians.

The highest court in New York recently reinstated a medical malpractice suit against a Long Island hospital and the doctor and physician’s assistant who gave painkillers to a woman who subsequently crashed her car.

Specifically, the lawsuit arises from a motor vehicle accident that occurred after a non-party, Lorraine A. Walsh, was treated at defendant South Nassau Communities Hospital. As part of the treatment, Walsh was intravenously administered an opioid narcotic painkiller and a benzodiazepine drug, but was not warned that such medication either impaired, or could impair, her ability to safely operate an automobile. Shortly thereafter Walsh drove home from the Hospital, and while allegedly impaired by the above-mentioned medication,  crossed a double yellow line and struck a bus driven by Edwin Davis (plaintiff).

The question before the Court of Appeals was whether third party liability can attach when a hospital administered drugs to a patient and then released her, in an impaired state, without any warning that the medication impaired or could have impaired her ability to safely operate a motor vehicle. In a 4-2 decision, the Court answered in the affirmative. In so doing, the Court noted that its conclusion with respect to the duty owed is accompanied by “three observations:” (1) the duty imposed is a small one – where a medical provider administers medication that impairs or could impair the patient’s ability to safely operate an automobile, the medical provider satisfies its duty by warning of those dangers; (2) the duty is met by simply advising/warning, and not “preventing” one from leaving; and (3) courts should proceed cautiously and carefully in recognizing a duty of care.

Medscape recently surveyed almost 4,000 primary care physicians and selected specialists to find out if, and why, they were sued. According to the results, 59% were named in at least one malpractice suit – nearly half (47%) were among others named in the suit and 12% were the only parties sued.

When asked about the nature of their lawsuits, respondents could check as many options as were relevant. The top three reasons and their corresponding percentages are as follows:

1. Failure to diagnose – 31%