Exploring the Odds of New Medical Malpractice Allegations Against Physicians with a History of Paid Claims
A physician may face one medical malpractice lawsuit and believe that the incident is a one-time occurrence. After settling the claim, they may vow to be more careful to avoid another situation leading to negligence allegations moving forward. If you knew a doctor had a history of medical malpractice claim payouts, you may be reluctant to seek medical care from them when your health is at stake. The logical question is: does a practitioner’s prior paid medical malpractice claim offer predictive value for future instances of patient harm? At least one study suggests that a single payout on a medical malpractice claim raises the likelihood of more malpractice claims against a doctor in the future.
Are Doctors with a Past of Medical Malpractice More Prone to Facing Subsequent Claims?
Researcher David A. Hyman, J.D., M.D., and colleagues studied the relationship between a medical malpractice claim payout and future medical malpractice claims. Their study results were published on February 10, 2023, in JAMA Health Forum under the title: “Association of Past and Future Paid Medical Malpractice Claims.” The findings confirm that the likelihood of future medical malpractice claims is significantly higher among physicians with one or more existing malpractice claim payouts. Regardless of the practice area, physicians who resolve a medical malpractice claim are at risk for one or more future claims within five years.
The Study’s Method for Seeking Answers
The study includes interviews and record reviews of 881,876 licensed doctors with medical malpractice claim payouts in the United States between July 2009 and January 2018. Researchers noted those with a history of at least one medical malpractice paid claim and compared them to physicians with no medical malpractice payouts. They examined the relationship between past and future medical malpractice claims, applying factors such as the effect of a malpractice claim’s public disclosure on future claims and the correlation of past to future claims over time.
The study aimed to prove or disprove the relationship between past and future paid medical malpractice claims. The researchers sought answers by comparing historical malpractice claim statistics to future ones against a simulated representation of medical malpractice claims as random occurrences.
The Results are In and the Data Compelling
The research data is clear. The study concludes that physicians with one or more paid claims were four times more at risk for another one within five years. And the number of paid medical malpractice paid claims increased the likelihood of more claims. However, the longer the time after a medical malpractice claim payout without other claims, the less likely another will occur.
The Takeaway: Medical Malpractice May Not be an Isolated Event in a Physician’s Career
In sum, the study authors conclude that the number of paid claims correlates to the number of future claims regardless of the public disclosure of the earlier paid claims. The results indicate that future medical malpractice claims among doctors are predictable based on medical malpractice payout history. As such, the researchers infer that those physicians with past medical malpractice paid claims could use training and oversight to avoid future claims.
The Implications for Average People Seeking Medical Care in New Jersey
When choosing a physician, a patient seeking medical care may already consider the study’s findings. They may be reluctant to trust a physician with a medical malpractice claim history, considering the JAMA study. So, when a primary doctor recommends surgery and refers the patient to a specific surgeon, the patient may hesitate to trust a surgeon with a prior medical malpractice claim payout within the last five years. The patient may request another referral or find someone else to perform the surgery. However, this requires the patient to first do the research to find any malpractice claims against the physician, which is not necessarily a standard practice for those seeking help for a medical issue.
Can You Use a Doctor’s Past of Medical Malpractice Claims as Evidence in a New Case Against them in NJ Court?
It is unlikely that a prior medical malpractice claim payout is admissible as evidence to offer support for a later medical malpractice claim in New Jersey, but a medical malpractice plaintiff may inquire about a defendant physician’s additional training and supervision after the first paid medical malpractice claim. The failure to improve their skills or practices may imply that the physician’s practices consistently fall below acceptable standards. Cases with similar fact patterns clearly raise questions as to a doctor’s ability to provide adequate care and avoid harming their patients, although medical malpractice claims are primarily heard and decided on the facts of the individual case, not the doctor’s career as a whole.
Discuss Your Concerns with the Experienced Legal Team at Fronzuto Law Group
If you believe you may have been a victim of medical malpractice, you may wonder how and why your medical practitioner caused you harm. Though the reasons for negligent medical care are varied and the ways it can happen diverse, you may want to know what you can do about pursuing compensation for your injuries. You can find answers by talking to a medical malpractice attorney at Fronzuto Law Group anytime.
Our experience with negligent medical practitioners can enlighten you on the nature of medical malpractice, as our attorneys explore the facts of your case, discuss a potential strategy to establish negligence, and build a rock-solid foundation for your claim based on your unique situation and resulting injuries.
Most importantly, our lawyers can advise and inform you about the progress of your medical malpractice claim’s investigative, discovery, negotiation, or trial (if necessary) phases. As we gather the evidence and testimony required to prove your injuries resulted from a medical professional’s substandard care, we will create the basis of a sound legal claim for the compensation that is fairly owed to you by law.
Contact 973-435-4551 for further information and assistance from the medical malpractice lawyers at our renowned New Jersey firm when you consider filing a medical malpractice claim. We are pleased to provide a free review of your case and your options.
