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 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.