Connecticut Injury Attorney Blog

The most recent issue of General Surgery News, a monthly trade publication for surgeons, addresses the impact of medical malpractice lawsuits on surgeons. An article by reporter Gabriel Miller offers tips and advice to surgeons on how to protect themselves both before a lawsuit is filed and once they have received court papers. While the advice clearly has surgeons and other doctors as its intended audience, it offers some good insight for personal injury attorneys as well as patients.

Miller cites statistics from a recent survey conducted by the American Medical Association showing that one in twenty surveyed doctors had faced a malpractice claims in the previous twelve-month period. A New England Journal of Medicine study published this past summer reviewed twenty-four medical specialties and found that general surgeons ranked third for total number of lawsuits filed, behind neurosurgeons and thoracic surgeons. An estimated 99 percent of physicians in specialties deemed "high risk" will face at least one lawsuit or claim before reaching retirement age. Patients filed malpractice lawsuits against an average of 15.3% of general surgeons each year, twice the rate for the overall population of physicians.

Miller cites these statistics as a topic of concern for doctors, but does not mention the amount or extent of harm suffered by plaintiffs in all these cases. The article has few kind words for personal injury attorneys, quoting one surgeon as saying that, while a malpractice lawsuit can be devastating to a surgeon's career and lifestyle, it is "business as usual" for lawyers.

Settlement, Miller argues, looks like an admission of fault, so he advises physicians not to settle. It can reportedly have long-term repercussions on a doctor's career and reputation, as information on lawsuits and settlements is available to state medical boards and national malpractice databases. Litigation, of course, is a lengthy, expensive, and stressful process, especially for an injured plaintiff who may need compensation for injuries sooner rather than later. Miller's advice therefore looks like a good tactic for a defendant who has time on their side.

Miller's tips on avoiding lawsuits are of more use to patients and their advocates. He advises surgeons to always clearly obtain informed consent from patients. This involves educating the patient about the nature and risks of the intended procedure. This is excellent advice for the patient or the patient's family or representatives, who should do all they can to learn about the procedure. Miller also advises doctors to document any complications as they occur, in order to have a real-time record of events. Doctors should also explain complications to the patient, to the extent possible, as they occur, in order to involve the patient as much as possible in decisions. Patients should do something similar, keeping records of their communications with the doctor and asking as many questions as they feel are necessary.