South Florida Injury Lawyer Blog
Doctors who have a poor history of patient care – particularly with prior accusations of medical malpractice – may pose a risk to their patient’s safety. 
In a study published last year in the JAMA Health Forum, researchers conducted a case-control study of nearly 900,000 licensed physicians in the U.S. with at least 1 paid claim for medical malpractice. What they found was that those doctors, regardless of specialty, were almost 4 times more likely to have at least one more paid claim for medical malpractice within 5 years, compared to doctors who had no previous paid claims. The likelihood of future claims rose with the number of previous claims – regardless of whether those paid claims were publicly disclosed or not.
Florida Medical Malpractice Claims Aren’t Random Events
Researchers noted (and our Palm Beach medical malpractice lawyers would concur) that this demonstrates that paid medical malpractice claims aren’t just random events. This is a common refrain we hear from doctor liability insurers and tort reform advocates. It’s simply not true.
The American Medical Association reports roughly 1 in 3 doctors “has been sued at some point in their careers.” But that analysis did not include paid claims. Researchers also admittedly used the terms “claims” and “lawsuits” interchangeably in a self-reported survey given to 14,000 doctors. Problem is, “claims” are unequivocally not the same as “lawsuits.”
As a Palm Beach medical malpractice lawyer can explain, Florida (and most other states) have significant pre-suit hurdles that must be cleared to even make it to the early stages of a Florida medical malpractice lawsuit. So the assertion that “1 in 3 doctors is sued” is a clear misrepresentation.
Actually, medical malpractice is fairly underreported. One of the many studies to support that claim was published in 2015 in the International Journal of Preventative Medicine. This was a cross-sectional study conducted over a few months at a handful of hospitals. Researchers found more than 50% of subjects (doctors, nurses, midwives, residents, interns, lab staff, etc.), had committed medical errors, but did not report them.
Another analysis published in the Scientific World Journal reviewed some 30 studies on medical practice, noting medical errors are the third-leading cause of death in the U.S. More than 200,000 patients in the U.S. die every year due to medical errors. Barriers to reporting medical mistakes included:
- Fear of consequence
- Lack of feedback
- Poor work climate/culture
And while there are insurance lobbyists who would argue that its coverage of medical malpractice liability coverage that drives up health care costs, research shows that medical errors – even those unreported – actually cost the healthcare system some $17 billion annually. (And that was in 2008 and only included “measurable medical errors,” such as pressure ulcers, postoperative infections, and missed diagnoses. The cost today is likely a whole lot higher.)
Evidence of Prior Claims May Not Be Admissible in Florida Medical Malpractice Cases
Despite evidence showing that doctors with a history of medical malpractice accusations are more likely to face more, those prior allegations – even if they resulted in paid settlements or verdicts against the doctor – likely won’t be allowed as evidence in future Florida medical malpractice cases.
Courts generally want current cases to be decided strictly on the facts that pertain to the present case. The thinking is that evidence of prior settlements could prejudice the jury against the doctor when they were two entirely separate incidents.
A possible exception might be made if the doctor’s prior settlements or claims involved very similar accusations that could establish a pattern of carelessness with a certain type of procedure. But it would really depend on the individual facts of the case and whether your Palm Beach medical malpractice lawyer was capable of making a compelling argument to the judge.
Contact the South Florida personal injury attorneys at Halberg & Fogg PLLC by calling toll-free at 1-877-425-2374. Serving West Palm Beach, Miami, Tampa, Orlando and Fort Myers/ Naples. There is no fee unless you win.
Additional Resources:
The $17.1 billion problem: the annual cost of measurable medical errors, 2011, Health Affairs
More Blog Entries:
Parents Win $30 Million in Florida Medical Malpractice Lawsuit, April 5, 2024, Palm Beach Medical Malpractice Attorney Blog