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Cited by 147Medical Malpractice and Liability IssuesPatient Safety and Medication ErrorsClinical Reasoning and Diagnostic Skills

Paid Malpractice Claims for Adverse Events in Inpatient and Outpatient Settings

Bishop, Tara F.·2011·JAMA
DOI 10.1001/jama.2011.813
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Abstract

Context An analysis of paid malpractice claims may provide insight into the prevalence and seriousness of adverse medical events in the outpatient setting. Objective To report and compare the number, magnitude, and type of paid malpractice claims for events in inpatient and outpatient settings. Design and setting Retrospective analysis of malpractice claims paid on behalf of physicians in outpatient and inpatient settings using data from the National Practitioner Data Bank from 2005 through 2009. We evaluated trends in claims paid by setting, characteristics of paid claims, and factors associated with payment amount. Main outcome measures Number of paid claims, mean and median payment amounts, types of errors, and outcomes of errors. Results In 2009, there were 10,739 malpractice claims paid on behalf of physicians. Of these paid claims, 4910 (47.6%; 95% confidence interval [CI], 46.6%-48.5%) were for events in the inpatient setting, 4448 (43.1%; 95% CI, 42.1%-44.0%) were for events in the outpatient setting, and 966 (9.4%; 95% CI, 8.8%-9.9%) involved events in both settings. The proportion of payments for events in the outpatient setting increased by a small but statistically significant amount, from 41.7% (95% CI, 40.9%-42.6%) in 2005 to 43.1% (95% CI, 42.1%-44.0%) in 2009 (P Conclusion In 2009, the number of paid malpractice claims reported to the National Practitioner Data Bank for events in the outpatient setting was similar to the number in the inpatient setting.

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Crossref · 10.1001/jama.2011.813

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  • The high proportion of malpractice payments for diagnostic errors is primarily due to the difficulties in recognizing subtle symptoms during a single outpatient visit, making follow-up and accurate diagnosis more difficult.

    “This is primarily due to the difficulties in recognizing subtle symptoms during a single outpatient visit, making follow-up and accurate diagnosis more difficult [261].”

    From Toward Safer Diagnoses: A SEIPS-Based Narrative Review of Diagnostic Errors (2026) · cites this paper as [261]

  • Payments for diagnostic errors attributed to malpractice are reported as one of the most common categories of claim, accounting for 21% of the payments.

    “Payments for diagnostic errors attributed to malpractice are reported as one of the most common categories of claim, accounting for 21% of the payments.”

    From Toward Safer Diagnoses: A SEIPS-Based Narrative Review of Diagnostic Errors (2026) · cites this paper as [261]

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Authors
Bishop, T. F.
Affiliations
Weill Cornell Medicine (US)
Corresponding author
Bishop, Tara F.
Venue
JAMA
Publisher
American Medical Association (AMA)
Published
2011-06-15
Volume
305
Issue
23
Pages
2427
ISSN
  • 0002-9955 (ISSN-L)
  • 0098-7484
DOI
10.1001/jama.2011.813
OpenAlex
W2041073890
Cited by
147
References
28
Citations by year
2026: 4 · 2025: 3 · 2024: 6 · 2023: 8 · 2022: 5 · 2021: 10 · 2020: 7 · 2019: 13 · 2018: 5 · 2017: 17 · 2016: 9 · 2015: 13 · 2014: 11 · 2013: 19 · 2012: 11
FWCI
35.47
Type
journal article
Language
en
Open access
closed
Locations
  • JAMA (publishedVersion)
  • PubMed (publishedVersion)
Funders
Agency for Healthcare Research and Quality (K01 HS018546-01)
Topics
  • Health Sciences › Health Professions › Pharmacy › Medical Malpractice and Liability Issues
  • Health Sciences › Health Professions › Emergency Medical Services › Patient Safety and Medication Errors
  • Health Sciences › Medicine › Family Practice › Clinical Reasoning and Diagnostic Skills
Keywords
malpractice claims, adverse events, outpatient care, inpatient care, diagnostic errors, surgical errors, National Practitioner Data Bank, physician liability, patient safety, patient harm
MeSH terms
Adolescent, Adult, Aged, Aged, 80 and over, Ambulatory Care, Child, Child, Preschool, Cross-Sectional Studies, Female, Humans, Infant, Inpatients, Insurance Claim Review, Male, Malpractice, Middle Aged, Outpatients, Physicians, Retrospective Studies, Surgical Procedures, Operative, United States, Liability, Legal, National Practitioner Data Bank, Outcome Assessment, Health Care, Medical Errors, Diagnostic Techniques and Procedures

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