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Which Physicians Are Most Often Named in Medical Malpractice Lawsuits?

Published on Feb 18, 2025 at 4:42 pm in Medical Malpractice.

Which Physicians Are Most Often Named in Medical Malpractice Lawsuits?Lawsuits in the medical field are fairly common. According to the American Medical Association (AMA), nearly one in three doctors working today have been sued at some point in their careers. Much of this is due to the inherent risk associated with life-saving medicine. When someone is at the point of requiring a dangerous or risky procedure to survive, the odds of something going wrong or failing to effectively treat the problem dramatically increase. While it’s always devastating to lose a loved one, a difficult treatment failing to meet its lofty goals is not enough to win a medical malpractice claim.

The stats back this up. According to the AMA, approximately two thirds of these lawsuits are dropped, dismissed, or withdrawn without assigning fault, and nearly 90% of cases that proceed to a trial are decided in favor of the medical professional. Proving fault in a medical malpractice is exceptionally difficult, and requires proving four concrete things:

  • There was a duty of care owed
  • That duty of care was breached
  • An injury was the direct result of that breach
  • That injury was serious enough to cause lasting damage

Because of this, it’s far less common for a doctor to be sued in any given year. While a significant portion of medical professionals have faced a lawsuit at some time in their careers, only approximately two percent of doctors reported being sued in the previous year. Male doctors are significantly more likely to face a lawsuit — 2.6% of male doctors reported being sued in the previous year compared to just 0.9% of female doctors, and 36.8% of male doctors reported being sued in their careers vs. 23.8% of female doctors.

Different fields of medicine have different lawsuit rates as well. The AMA has a full breakdown of medical claim frequency by physician type in a recent study. The 10 most common physicians most often named in medical malpractice lawsuits are:

  • OBGYN (62.4% sued in career)
  • General surgery (59.3% sued in career)
  • Orthopedic surgery (47.2% sued in career)
  • Emergency medicine (46.8% sued in career)
  • Radiology (40.2% sued in career)
  • Otolaryngology/Ear, Nose & Throat (39.3% sued in career)
  • Urology (38.3% sued in career)
  • Cardiology (32.1% sued in career)
  • Family or general practice (32.0% sued in career)
  • General internal medicine (30.9% sued in career)

Proving medical negligence is a difficult task. Doctors and other medical professionals deserve a high level of protection given the value and risk associated with their professions, but they should also face similar scrutiny when something goes wrong. Taking legal action is a vital part of protecting injured victims, and it’s important to work with a law firm that both understands and has a proven track record of successfully navigating this legal landscape.

If you or someone you love was seriously injured through medical error, negligence, or some other form of malpractice, you may be able to take legal action. At Pittman Roberts & Welsh, PLLC, our Jackson medical malpractice lawyers are ready and waiting to hear your story. We understand what it takes to fight these types of cases in court and at the negotiation table and will put our years of experience to use when we take on your case. Contact us today to schedule a free consultation with a member of our firm.

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