November 14, 2011 (San Francisco, California) — Surgical malpractice payments are decreasing in number, but payment amounts are increasing, according to an analysis of national malpractice trends reported here at the American College of Surgeons 97th Annual Clinical Congress.
"We found that significant variation in payments between states exists. This heterogeneity of payment sizes suggests that there is a profound impact from the local legal environments," said Ryan K. Orosco, MD, from the University of California at San Diego.
Dr. Orosco and colleagues used the National Practitioner Data Bank (NPDB) to evaluate what is happening today with malpractice claims in the surgical specialty. The NPDB reflects the mandatory reporting system of medical malpractice payments and adverse actions related to limitations on licensure, clinical privileges, professional society membership, and participation in federal programs. It contains data reported by malpractice carriers, hospitals, professional societies, and state licensing boards since 1990. Malpractice payments made directly by practitioners themselves (personal funds) do not need to be reported to the NPDB.
The researchers wanted to indentify the factors affecting surgical malpractice payment size and to evaluate predictors of malpractice claims ending in large payments.
"There are reports in the literature suggesting that an estimated 2% to 3% of patients suffer medical harm due to negligence, and about half these patients will recover damages. I think many of us would agree that the current malpractice system is flawed.... Anything that adds data to the discussion is a good thing, and that is our goal here," Dr. Orosco explained.
Review of the NPDB
The researchers performed a retrospective analysis of the NPDB from 1990 to 2006 to identify malpractice payments involving surgeons and surgical residents. Large payments were defined as those exceeding $1 million. Using multivariate regression analysis, they evaluated predictors of large payments, which were adjusted to 2006 dollars.
http://www.medscape.com/viewarticle/753494?src=mp&spon=14
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