Surgical treatment accounts for 79% of allegations in orthopedic malpractice claims, according to a malpractice risk review from The Doctors Company, physician-owned medical malpractice insurer.
The analysis, published Oct. 1, includes 2,483 orthopedics claims from 2010 to 2025. Claims can have multiple contributing factors, so percentages for contributing factors total more than 100%.
Here are seven things to know:
- Surgical treatment (non-anesthesia) was the most common allegation, making up 79% of claims, or 1,970 of 2,483.
- Medical treatment (non-obstetric) made up 10% of allegations (242 claims), followed by diagnosis-related issues at 7% (165 claims) and medication-related issues at 2% (44 claims). Diagnosis-related allegations include missed diagnosis, delayed diagnosis and failure to diagnose.
- About 27% of closed claims resulted in an indemnity payment. The average indemnity incurred was $365,000, and the average gross expense incurred per claim was $66,000.
- Technical skill was the most frequent contributing factor, appearing in about 69% of claims, with a mean gross payment of $381,000. The category includes technical performance, retained foreign bodies and improperly used equipment. It ranked third in average indemnity, behind documentation and clinical judgment.
- Behavior-related factors appeared in about 41% of claims and had the lowest mean gross payment of the five factors, at $268,000. The report said subfactors included patient behaviors that may have diminished adherence to the treatment plan.
- Clinical judgment appeared in about 39% of claims and had the highest mean gross payment, at $430,000.
- Communication appeared in about 29% of claims, with a mean gross payment of $374,000, and documentation appeared in about 14%, with a mean of $406,000. The report said communication subfactors included communication between the practitioner and the patient or family and communication among practitioners.
Read the full review here.
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