Prevention requires a multifaceted approach that includes an understanding of malpractice criteria, excellent patient care, clear communication, and meticulous documentation.
Fam Pract Manag. 2025;32(5):7-11
Author disclosure: no relevant financial relationships.
Medical malpractice lawsuits are extraordinarily common, and even the most conscientious physicians are statistically likely to face a claim at some point during their career. According to one large study, 75% of physicians in “low-risk specialties” and 99% of physicians in “high-risk specialties” had a malpractice claim filed against them by the time they reached age 65.1 The good news is most malpractice suits do not result in payouts to plaintiffs. Anyone can file a lawsuit, whether their complaint has merit or not. Most suits do not go to trial, and in those that do, studies show that juries tend to favor doctors over plaintiffs.2
Still, being served with a suit is stressful. Even if you win the case, you may lose time, emotional well-being, legal expenses, and more.
Although there is no way to guarantee you will not face a malpractice claim during your career, there are ways to lower your risk. Preventing malpractice lawsuits for family physicians involves a multi-faceted approach centered on an understanding of malpractice criteria, excellent patient care, clear communication, and meticulous documentation.
KEY POINTS
Medical malpractice suits are extremely common, but there are ways to lower your risk.
To prevent a malpractice lawsuit, it helps to understand the legal criteria for a claim: a physician with a professional duty to a patient failed to meet the standard of care in a way that injured the patient.
If a patient refuses a test or treatment that you recommend, make sure to document that refusal and that you fully informed the patient of the risks.
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