Not all doctors are the same and some seem to get sued more than others. So what makes the difference? Some of the answers can be found in this condensation of an article from the July 2003 issue of Medical Economics.
Being an excellent clinician is no guarantee against a lawsuit. Interpersonal skills such as listening to the patient with respect and empathy are critical. In other words, nice doctors seemed to get sued less frequently. A six-year study at Vanderbilt University School of Medicine cited complaints relating to problems with communications, humaneness, clinical care, billing, access and availability. The study found that less than 10% of the physicians generated more than half of the claims and 37% had no complaints filed against them.
Busy doctors were at the top of the lawsuit list (perhaps because of less time spent per patient). Male doctors were sued more frequently than female doctors, suggesting that female doctors may be more sensitive to patient concerns. And, not surprising, surgeons were more susceptible to lawsuits than physicians.
A prior study of lawsuits filed over childbirth injuries, showed that many of the suits cited dissatisfaction with physician/patient communications. Nearly a third said that the doctors had not talked with them enough or failed to answer their questions adequately. Thirteen percent said the doctors didn't "listen to them".
Another study of 900 maternity patients found these common complaints about the doctors:
· They didn't listen
· They didn't return phone calls
· They didn't show concern or respect
· They were rude
High rates of complaints relating to interpersonal skills seem to coincide with the higher rates of malpractice suits. As we said in the beginning, nice doctors get sued less.
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