Surgical specialists face higher a risk for malpractice compared to their non-surgical colleagues
Abstract In previous studies, surgical specialties accounted for most malpractice claims. The objective of the present study was to determine the risk for malpractice claims for physicians working in hospitals. A retrospective observational study using anonymized closed malpractice claims between 20...
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Nature Portfolio
2024-12-01
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| Series: | Scientific Reports |
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| Online Access: | https://doi.org/10.1038/s41598-024-81058-x |
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| author | Wouter J. Dronkers Jan M. van Rees Désirée Klemann Dennis R. Buis Quirine J. M. A. Amelink Dirk J. Grünhagen M. M. Mokhles W. Peter Vandertop Marike L. B. Broekman Aart C. Hendriks Eric Boersma Clemens M. F. Dirven Markus Klimek Jochem K. H. Spoor |
| author_facet | Wouter J. Dronkers Jan M. van Rees Désirée Klemann Dennis R. Buis Quirine J. M. A. Amelink Dirk J. Grünhagen M. M. Mokhles W. Peter Vandertop Marike L. B. Broekman Aart C. Hendriks Eric Boersma Clemens M. F. Dirven Markus Klimek Jochem K. H. Spoor |
| author_sort | Wouter J. Dronkers |
| collection | DOAJ |
| description | Abstract In previous studies, surgical specialties accounted for most malpractice claims. The objective of the present study was to determine the risk for malpractice claims for physicians working in hospitals. A retrospective observational study using anonymized closed malpractice claims between 2007 up to 2021 from two Dutch insurers was carried out. Main outcomes involved claim volume & outcome, and the estimated annual risk (EAR) for a claim per year for the individual physician from all specialties. Sustained or settled claims were considered unfavorable for the physician (UOP). Surgical specialists, involving surgical specialties and specialties with surgical characteristics accounted for 77% (14,330/18,649) of the claims closed. Liability was denied in 51% of the claims (n = 9,487). The remaining claims were sustained (granted) (n = 4,600; 25%), settled (n = 3,444; 18%) or closed without decision (n = 1118; 6%). Surgeons faced an average EAR of 21.6% (range 6.5 − 28%) which was higher compared to colleagues from specialties with surgical characteristics (EAR 7.3%; range 2.9 − 10.1%) and non-surgical specialties (EAR 2.5%; range 0.9 − 4.4%). Surgical specialists received more claims than their non-surgical colleagues. Relative to specialty size, surgeons faced a higher risk for a claim in general, as well as for a claim with an unfavorable outcome. |
| format | Article |
| id | doaj-art-5a258e73d88941feaec248b77d9b9ecd |
| institution | OA Journals |
| issn | 2045-2322 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | Nature Portfolio |
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| series | Scientific Reports |
| spelling | doaj-art-5a258e73d88941feaec248b77d9b9ecd2025-08-20T02:32:08ZengNature PortfolioScientific Reports2045-23222024-12-011411710.1038/s41598-024-81058-xSurgical specialists face higher a risk for malpractice compared to their non-surgical colleaguesWouter J. Dronkers0Jan M. van Rees1Désirée Klemann2Dennis R. Buis3Quirine J. M. A. Amelink4Dirk J. Grünhagen5M. M. Mokhles6W. Peter Vandertop7Marike L. B. Broekman8Aart C. Hendriks9Eric Boersma10Clemens M. F. Dirven11Markus Klimek12Jochem K. H. Spoor13Department of Neurosurgery, Erasmus University Medical Centre RotterdamDepartment of General Surgery, Erasmus University Medical Centre RotterdamDepartment of Gynecology & Obstetrics, Maastricht University Medical CentreDepartment of Neurosurgery, Amsterdam University Medical Centre, University of AmsterdamErasmus School of Health Policy and Management, Erasmus UniversityDepartment of General Surgery, Erasmus University Medical Centre RotterdamDepartment of Cardio-Thoracic Surgery, Utrecht University Medical CentreDepartment of Neurosurgery, Amsterdam University Medical Centre, University of AmsterdamDepartment of Neurosurgery, Leiden University Medical CentreFaculty of Law, Leiden University School of LawDepartment of Clinical Epidemiology, Department of Cardiology, Erasmus University Medical Centre RotterdamDepartment of Neurosurgery, Erasmus University Medical Centre RotterdamDepartment of Anesthesiology, Erasmus University Medical Centre RotterdamDepartment of Neurosurgery, Erasmus University Medical Centre RotterdamAbstract In previous studies, surgical specialties accounted for most malpractice claims. The objective of the present study was to determine the risk for malpractice claims for physicians working in hospitals. A retrospective observational study using anonymized closed malpractice claims between 2007 up to 2021 from two Dutch insurers was carried out. Main outcomes involved claim volume & outcome, and the estimated annual risk (EAR) for a claim per year for the individual physician from all specialties. Sustained or settled claims were considered unfavorable for the physician (UOP). Surgical specialists, involving surgical specialties and specialties with surgical characteristics accounted for 77% (14,330/18,649) of the claims closed. Liability was denied in 51% of the claims (n = 9,487). The remaining claims were sustained (granted) (n = 4,600; 25%), settled (n = 3,444; 18%) or closed without decision (n = 1118; 6%). Surgeons faced an average EAR of 21.6% (range 6.5 − 28%) which was higher compared to colleagues from specialties with surgical characteristics (EAR 7.3%; range 2.9 − 10.1%) and non-surgical specialties (EAR 2.5%; range 0.9 − 4.4%). Surgical specialists received more claims than their non-surgical colleagues. Relative to specialty size, surgeons faced a higher risk for a claim in general, as well as for a claim with an unfavorable outcome.https://doi.org/10.1038/s41598-024-81058-xClaimHealth lawMalpracticeMedical litigationNegligenceSurgery |
| spellingShingle | Wouter J. Dronkers Jan M. van Rees Désirée Klemann Dennis R. Buis Quirine J. M. A. Amelink Dirk J. Grünhagen M. M. Mokhles W. Peter Vandertop Marike L. B. Broekman Aart C. Hendriks Eric Boersma Clemens M. F. Dirven Markus Klimek Jochem K. H. Spoor Surgical specialists face higher a risk for malpractice compared to their non-surgical colleagues Scientific Reports Claim Health law Malpractice Medical litigation Negligence Surgery |
| title | Surgical specialists face higher a risk for malpractice compared to their non-surgical colleagues |
| title_full | Surgical specialists face higher a risk for malpractice compared to their non-surgical colleagues |
| title_fullStr | Surgical specialists face higher a risk for malpractice compared to their non-surgical colleagues |
| title_full_unstemmed | Surgical specialists face higher a risk for malpractice compared to their non-surgical colleagues |
| title_short | Surgical specialists face higher a risk for malpractice compared to their non-surgical colleagues |
| title_sort | surgical specialists face higher a risk for malpractice compared to their non surgical colleagues |
| topic | Claim Health law Malpractice Medical litigation Negligence Surgery |
| url | https://doi.org/10.1038/s41598-024-81058-x |
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