Physician Risk Management 2014-01-01

Claims involving outpatient care increasing: MDs often unaware of actual legal risks

Physicians often are unaware that malpractice claims for events in the outpatient setting are equivalent to those in the inpatient setting. These practices can potentially reduce legal risks.

Misdiagnosis is the most common reason for malpactice claims in primary care practices

Delayed diagnosis of cancer, heart disease, blood vessel diseases, and infections were the most common malpractice allegations against primary care practices, according to a just-published study.

Causation: A problem for all in missed cancer cases

Malpractice claims alleging missed or delayed diagnosis of cancer typically focus around these factors:

The underlying reasons for missed cancer claims uncovered

Delays stemmed from patients and providers

Claims allege failure to diagnose and treat post-surgical peritonitis

Successful malpractice claims alleging failure to diagnose the post-surgical complication of peritonitis are occurring because patients are sent home without proper evaluation, according to plaintiff attorneys.

Patient’s lack of follow-up coming up in missed MI claims

Successful malpractice cases often allege that physicians failed to ensure that patients followed up. Another common issue in claims is the patient's recent normal or equivocal workups.

Failure to diagnose sepsis cases becoming more common

Malpractice claims involving severe infection/sepsis have been on the upswing for several years, according to risk management experts, due in part to growing evidence about the need for early recognition and intervention.

These malpractice allegations are common in ‘failure to diagnose’ claims against OB/GYNS

Delay in or failure to diagnose was the second most frequent primary allegation in malpractice suits against obstetrician/gynecologists, according to a 2012 survey. Claims typically include these allegations:

Meningitis has highest payout of ‘failure-to-diagnose’ claims

Common failure to diagnose claims involving pediatricians include meningitis, appendicitis, pneumonia, and brain-damaged newborns.

LRC: Man who suffers stroke due to his physician’s failure to monitor heart condition awarded $6.4 million

LRC: Woman who dies from pneumonia as result of misdiagnosis awarded nearly $2 million

Physician Risk Management – January 1, 2014

January 1, 2014