Medical Liability Lawsuit Verdict Awards Continue to Climb

November 17, 2023

Now that the courts across the country are handling cases again, verdict awards are on the rise since the pandemic, according to the Medscape Physicians and Malpractice Report 2023.

The frequency of lawsuits remains about the same as previous years, following a dip at the start of the pandemic.

The majority of cases are either dismissed or settled. If a case went to trial, 90% were won by the physician defendants. The respondents to the Medscape survey reported that the top allegation for lawsuits continues to be failure to diagnose or delayed diagnosis for cancers, vascular events or infections.

The report also revealed that the volume of lawsuits varies widely by jurisdiction and other factors, such as tort reform. More than 25 states have implemented some form of damages cap for personal injury cases, with judges in some states overturning caps on noneconomic damages – ruling them unconstitutional.

Pertaining to specialties, surgeons top the list of those most often sued, followed closely by OB-GYNs and orthopedists.

Related: Judge slashes “shockingly excessive” orthopedic malpractice verdict by $100 million

Questions? Please contact the ISMS Legal Division by email.

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