Neurology- low risk specialty for malpractice?

[90sportsfan]

I asked this question, embedded in another thread that got very few replies, so I will ask it again as a stand-alone question. I am wondering from "real world" Neurologists, what the risk for malpractice is in Neurology.

In many of the online surveys, Neurology seems to be in the low-risk category (low number of malpractice claims), in contrast to Neurosurgery, which seems to be at the high end (along with other surgery specialties, OB-Gyn, and Radiology).

*There was also a thread on this about 17 years old when I searched, that seemed to come to consensus that Neurology is a relatively low-risk specialty (although a lot can change in 17 years, LOL).

I'm just wondering if this is true in real-world practice; as it's hard to gage from these types of surveys. I realize there is probably variability based on sub-specialty.

Thanks in advance.

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[A Mysterious Stranger]

My understanding is that more dangerous work comes with higher malpractice risk: ie stroke medicine. With that said, if your bedside manner is up to par and you’re thorough with your patients, the likelihood of getting sued will be much lower than the average.

dinguses and l'incompétent get sued.

 

[90sportsfan]

My understanding is that more dangerous work comes with higher malpractice risk: ie stroke medicine. With that said, if your bedside manner is up to par and you’re thorough with your patients, the likelihood of getting sued will be much lower than the average.

dinguses and l'incompétent get sued.

Thanks. This would be my thoughts too, howevere, I'm curious what the risk is for the average practicing neurologist in an outpatient setting.

It's curious that none of the usual posters who are practicing Neurologists have chimed in. I know it's a topic that most don't like to think about/talk about, but as practicing Neurologists is it an issue that you have to really deal with?

From the data, it doesn't seem to be much of a big deal for Neurology (although when lawsuits happen, it looks like the payout is larger, since you deal with the brain).

 

[nikolaite]

Thanks. This would be my thoughts too, howevere, I'm curious what the risk is for the average practicing neurologist in an outpatient setting.

It's curious that none of the usual posters who are practicing Neurologists have chimed in. I know it's a topic that most don't like to think about/talk about, but as practicing Neurologists is it an issue that you have to really deal with?

From the data, it doesn't seem to be much of a big deal for Neurology (although when lawsuits happen, it looks like the payout is larger, since you deal with the brain).

Just ranting here: The lack of replies could possibly be based in the fact that when a patient with a brain injury correlated to the time of his acute care sues, he names everyone involved in his acute care regardless of individual failure of duty. So, if a neurologist consulted on an pt starting litigation, he will be named. This is done for two reasons: medical records access/testimony, and because roughly 80% of cases that go to trial favor the defendants (i.e., docs and hospitals). Litigators always name everyone on the chance that there will be some settlement offers before the pretrial conference.

To my recollection, the formula works out to being sued by a patient once every five years on average. It is very very rare, however, for a judge to tolerate the litigation against a consulting neurologist, as the cause for damages is so obscure.

It’s a different consideration if a neurologist is being sued by a patient under the neuro’s direct management...but those are not the cases you hear about. Likely, as posted above, competence and compassion will keep the incidence of pt suits low in any specialty.

Another consideration is that if you’re worried about being sued, then put into place a robust archiving protocol set up by a real archiving service and learn how to take functional and accurate medical records of pt and physician consult encounters.

Ultimately nothing will keep you from getting sued, but you yourself can block the success of any case by care, competence and archiving.

 

[90sportsfan]

Just ranting here: The lack of replies could possibly be based in the fact that when a patient with a brain injury correlated to the time of his acute care sues, he names everyone involved in his acute care regardless of individual failure of duty. So, if a neurologist consulted on an pt starting litigation, he will be named. This is done for two reasons: medical records access/testimony, and because roughly 80% of cases that go to trial favor the defendants (i.e., docs and hospitals). Litigators always name everyone on the chance that there will be some settlement offers before the pretrial conference.

To my recollection, the formula works out to being sued by a patient once every five years on average. It is very very rare, however, for a judge to tolerate the litigation against a consulting neurologist, as the cause for damages is so obscure.

It’s a different consideration if a neurologist is being sued by a patient under the neuro’s direct management...but those are not the cases you hear about. Likely, as posted above, competence and compassion will keep the incidence of pt suits low in any specialty.

Another consideration is that if you’re worried about being sued, then put into place a robust archiving protocol set up by a real archiving service and learn how to take functional and accurate medical records of pt and physician consult encounters.

Ultimately nothing will keep you from getting sued, but you yourself can block the success of any case by care, competence and archiving.

Awesome insight! This is the kind of information I was looking for. Thanks for the info and tips to keep in mind!

 

[nikolaite]

Awesome insight! This is the kind of information I was looking for. Thanks for the info and tips to keep in mind!

You’re welcome. You really should not stress about being sued. Of course some unscrupulous litigators try to slap docs and everyone else they can with frivolous suits. It’s how they get paid: toss enough detritus at the wall and see what sticks. That’s why I harp on records keeping. It’s the only way for a doc who is a real mensch to keep the detritus from sticking.

 

[Hank Rearden]

The malpractice risk for neurology is low. I don't know how low compared to other specialties. I have never been sued thankfully. That said, from what I hear it is common to get sued at least once in your career and it rarely prevents you from getting a job. I do a little bit of medical / legal consulting on the side and most of the cases involve gross negligence on the part of the doctor, such as patient coming into ER with clear stroke symptoms and receiving no NIHSS, just very cursory exam. The vast majority of the cases are settled out of court. You do have to be careful when working with a resident or PA/NP, because many of the legal cases seem to involve an attending neurologist who relies too heavily on the junior person and misses some key piece of history or assumes too much.

 

[90sportsfan]

The malpractice risk for neurology is low. I don't know how low compared to other specialties. I have never been sued thankfully. That said, from what I hear it is common to get sued at least once in your career and it rarely prevents you from getting a job. I do a little bit of medical / legal consulting on the side and most of the cases involve gross negligence on the part of the doctor, such as patient coming into ER with clear stroke symptoms and receiving no NIHSS, just very cursory exam. The vast majority of the cases are settled out of court. You do have to be careful when working with a resident or PA/NP, because many of the legal cases seem to involve an attending neurologist who relies too heavily on the junior person and misses some key piece of history or assumes too much.

Thanks for the real-world perspective! This seems to be consistent with what I’ve seen in the literature of Neurology being a low risk specialty (although as you mentioned, any specialty will have some risk over the course of a career).

Thanks for sharing your perspective!