Previous literature has shown that women physicians are less likely to be involved in medical malpractice litigation than male physicians.
Methods
This study sought to examine the differences in malpractice experience by provider gender by using closed medical malpractice claims from 2011 through 2020.
Results
We found that after adjusting for the number of claims and dollar losses per full time equivalents worked, female physicians experienced fewer and less costly claims than male physicians (p < .001). Specific specialties had a significant relationship between claim frequency and provider gender, which included general surgery (p = .01), obstetrics (p = .001), gynecology (p = .04), internal medicine and family general practice (p < .001).
Conclusion
The results from this analysis support the prior findings that male physicians experience a higher rate of malpractice claims. Therefore, there is an opportunity to learn how women providers achieve lower malpractice risk to inform clinical practice recommendations.
MelloMMChandraAGawandeAA, et al.National costs of the medical liability system. Health Aff Proj Hope2010; 29: 1569–1577.
4.
HofferEP. America’s health care system is broken: what went wrong and how we can fix it. Part 5: malpractice, fraud, waste, and the EMR. Am J Med2019; 132: 1129–1132.
5.
KesslerDP. Evaluating the medical malpractice system and options for reform. J Econ Perspect J Am Econ Assoc2011; 25: 93–110.
6.
JenaABSchoemakerLBhattacharyaJ, et al.Physician spending and subsequent risk of malpractice claims: observational study. Br Med J2015; 351: h5516.
7.
LocalioARLawthersAGBrennanTA, et al.Relation between malpractice claims and adverse events due to negligence. Results of the Harvard Medical Practice Study III. N Engl J Med1991; 325: 245–251.
8.
MakaryMADanielM. Medical error-the third leading cause of death in the US. Br Med J2016; 353: i2139.
9.
JamesJT. A new, evidence-based estimate of patient harms associated with hospital care. J Patient Saf2013; 9: 122–128.
10.
SinghHSchiffGDGraberML, et al.The global burden of diagnostic errors in primary care. BMJ Qual Saf2017; 26: 484–494.
11.
UnwinEWoolfKWadlowC, et al.Sex differences in medico-legal action against doctors: a systematic review and meta-analysis. BMC Med2015; 13: 172.
12.
StuddertDMBismarkMMMelloMM, et al.Prevalence and characteristics of physicians prone to malpractice claims. N Engl J Med2016; 374: 354–362.
13.
JenaABSeaburySLakdawallaD, et al.Malpractice risk according to physician specialty. N Engl J Med2011; 365: 629–636.
14.
TaraginMIWilczekAPKarnsME, et al.Physician demographics and the risk of medical malpractice. Am J Med1992; 93: 537–542.
15.
GandhiTKKaplanGSLeapeL, et al.Transforming concepts in patient safety: a progress report. BMJ Qual Saf2018; 27: 1019–1026.
16.
ZakarasJMSarkarUBibbins-DomingoK, et al.Not just surviving, but thriving: overcoming barriers to career advancement for women junior faculty clinician-researchers. Acad Psychiatry2021; 45: 180–184.
17.
WallisCJRaviBCoburnN, et al.Comparison of postoperative outcomes among patients treated by male and female surgeons: a population based matched cohort study. Br Med J2017; 359: j4366.
18.
TsugawaYJenaABFigueroaJF, et al.Comparison of hospital mortality and readmission rates for medicare patients treated by male vs female physicians. JAMA Intern Med2017; 177: 206–213.
19.
KrugerJShawLKahendeJ, et al.Health care providers’ advice to quit smoking, National Health Interview Survey, 2000, 2005, and 2010. Prev Chronic Dis2012; 9: E130.
20.
BaumhäkelMMüllerUBöhmM. Influence of gender of physicians and patients on guideline-recommended treatment of chronic heart failure in a cross-sectional study. Eur J Heart Fail2009; 11: 299–303.
21.
BertakisKDHelmsLJCallahanEJ, et al.The influence of gender on physician practice style. Med Care1995; 33: 407–416.
22.
KrupatERosenkranzSLYeagerCM, et al.The practice orientations of physicians and patients: the effect of doctor-patient congruence on satisfaction. Patient Educ Couns2000; 39: 49–59.
23.
RoterDLHallJA. Physician gender and patient-centered communication: a critical review of empirical research. Annu Rev Public Health2004; 25: 497–519.
24.
GanguliISheridanBGrayJ, et al.Physician work hours and the gender pay gap - evidence from primary care. N Engl J Med2020; 383: 1349–1357.
