What Specialties Are Sued Most Often For Medical Malpractice?
The human body is a vastly complicated machine, so it is no surprise that there are numerous specialty areas within the practice of medicine. However, you might be shocked to learn that healthcare providers in certain specialties are far more likely to be sued for medical malpractice than others.
Almost one-third of all physicians admit that they have been named in at least one medical malpractice lawsuit during their career, according to analysis from a 2022 report by the American Medical Association (AMA). Any physician has the potential to commit malpractice, but there are some specialties more prone to being sued for medical malpractice.
If you suffered harm because of a specialty physician’s negligence, you may be able to seek compensation for your losses. A Florida medical malpractice attorney can advise you on your options and explain the legal process.
Obstetricians, Gynecologists, and Women’s Health Specialists
Physicians who provide care for women, particularly pregnant women, are the number one practice area for medical malpractice lawsuits. Of OB-GYNs and related practitioners, 62.4 percent had been sued.
For a breakdown by age, 47 percent of practitioners under the age of 55 and 76 percent of those doctors 55 years of age or older reported that they had been sued at some point during their career.
This field of medicine is quite risky, even when obstetricians have decades of experience in the profession. A lot can go wrong during pregnancy or delivery or after birth, and a negligent action on the part of a doctor can quickly become a nightmare for patients and their families. Some potential types of OB-GYN malpractice include but are not limited to:
- Misdiagnosis of or failure to diagnose breast, cervical, ovarian, and uterine cancers
- Failure to timely deliver a baby, resulting in cerebral palsy or other disabilities
- Failure to properly rule out or treat preeclampsia, which can be fatal to mothers and their children
- Failure to perform a cesarean section (C-section) procedure
- Improper use of forceps during childbirth
- Failure to recognize or respond to fetal distress during labor
- Other birth injuries
Surgeons
Surgical procedures are very technical, taking place on and around very delicate organs, blood vessels, and other tissues. Mistakes can occur through the slightest amount of negligence by the surgeon, which is perhaps why almost 49 percent of general surgeons admit that they have been the subject of a medical malpractice lawsuit.
Our medical malpractice lawyers often see surgical malpractice cases involving:
- Wrong surgery site, including removal of incorrect body parts
- Anesthesia errors
- Foreign objects and tools left behind after surgery
- Incorrect surgical procedures
- Unnecessary surgeries
- Failure to rule out or diagnose a perforation after surgery
Radiologists
This specialty area is rarely involved with treatment but rather with diagnosis of medical conditions. Radiologists examine various medical images, including X-rays, MRIs, and CT scans, to identify abnormalities, tumors, and related disorders. Of these physicians, 40 percent report that they were named as defendants in a lawsuit.
Radiology malpractice typically involves misinterpreting tests or failing to communicate results in a timely manner, which can lead to delayed or incorrect diagnoses. Cases against radiologists have increased in recent years as radiologists are required to review increasing numbers of images and are compensated based on the number of images they review in a particular day.
Anesthesiologists
Almost 32 percent of doctors specializing in anesthesia have been sued by a patient. Anesthesiology is a crucial component of medical care, but negligent care can cause major harm and even death. Some possible instances of malpractice include:
- Errors in medication dosage
- Failure to properly monitor the patient under general anesthesia
- Improper management of medication flow rate
- Neglecting to review the patient’s chart for allergies or related medical issues
- Many other types of anesthesia errors
- Intubation errors
When Do Provider Actions Become Medical Malpractice in These Specialties?
Medical malpractice means that a doctor, nurse, other healthcare provider, or medical facility was somehow negligent when providing care. Negligence does not necessarily mean the provider was deliberately negligent, although that’s a possibility in some cases. Not every medical error is malpractice, and it can be hard to determine this distinction without the help of a medical malpractice lawyer.
Establishing Negligence
When it comes to medical malpractice, our lawyers must establish a standard of care for that profession. This means what another reasonably careful healthcare provider would have done (or not done) under similar circumstances. This allows us to have a standard against which to compare your provider’s actions.
For example, if you suspect an OB-GYN of malpractice during the birth of your child, our lawyers would have to establish what the standard of care is for other OB-GYNs in similar circumstances. Would another reasonably careful OB-GYN have made the same decisions or recommendations?
Establishing this standard can be quite complicated, especially in specialties where the risks are higher due to the nature of the work. We must also be able to prove that the provider’s actions (or inactions) are the direct cause of your harm.
Hospitals and insurance companies often claim that the incidents of harm would have happened regardless of the provider’s actions or that the harm was a known complication of the procedure, but we know how to fight back against these claims to help our clients seek full compensation.
Who Else Can I Sue for Medical Malpractice?
OB-GYNs, surgeons, radiologists, and anesthesiologists are not the only providers that could be liable for malpractice. Some other parties that could be liable for harm include:
- General physicians
- Other specialists, like cardiologists
- Registered nurses, nurse practitioners, and other nursing staff members
- Midwives
- Hospitals and medical facilities
- Non-doctor employees of hospitals
- Pharmacists
- Laboratory technicians and radiology technicians
If one or more parties could be held responsible for your injuries and losses, our medical malpractice team will make sure all specialists and non-specialists are held liable for malpractice.
Are There Deadlines for Suing for Medical Malpractice?
Yes, if you need to take legal action for medical malpractice, you should act as soon as possible. You generally only have two years from the date of the incident to sue for harm, per Florida Statutes § 95.11. You must also serve a statutory notice to all possible defendants prior to filing suit. Many circumstances can extend this deadline, so it’s best to let a medical malpractice lawyer figure out how long you have to take action.
Not every malpractice case needs to go to trial, but it’s important to preserve this option by filing your lawsuit as soon as possible.
Consult with a Florida Medical Malpractice Lawyer About Your Options
There is no way of getting around treatment from a specialist if you have a medical condition that requires it, but you do have legal options if your physician is negligent in providing care.
To discuss your case, potential damages, and liable parties, please contact the Florida medical malpractice lawyers at Freidin Brown, P.A. We can schedule a no-cost case assessment to review your circumstances and discuss strategies. We have offices in Miami and Fort Myers, but we serve all Floridians seeking help with a malpractice claim anywhere in the state.
