Purpose/Objective(s)
To determine trends in radiation oncology malpractice claims and expenses during the last 28 years and compare malpractice claims between radiation oncology and other specialties.
Methods and Materials
We performed a retrospective analysis of closed malpractice claims filed from 1985 to 2012 collected by a nationwide medical liability insurance trade association. We analyzed characteristics and trends among closed claims, indemnity payments (payments to plaintiff), and litigation expenses. We also compared radiation oncology to 21 other medical specialties. Time series dollar amounts were adjusted for inflation (2012 index year).
Results
There were 1,517 closed claims involving radiation oncology, of which 342 (22.5%) were paid. Average and median indemnity payments were $276,792 and $122,500, ranking 5th and 8th among the 22 specialty groups, respectively. Linear regression modeling of time trends showed decreasing total number of claims (β=−1.96 annually, p=0.003), increasing average litigation expenses paid (β=+$1472 annually, p≤0.001), and no significant change in average indemnity payments (β=−$681, p=0.89).
Conclusions
Medical professional liability claims filed against radiation oncologists are not common and have declined in recent years. However, indemnity payments in radiation oncology are large relative to many other specialties. In recent years, the average indemnity payment has been stable, while litigation expenses have increased.