During a system upgrade from Friday, Dec. 5, through Sunday, Dec. 7, the AAFP website, on-demand courses and CME purchases will be unavailable.

brand logo

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

This content conforms to AAFP criteria for CME.

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.

Already a member or subscriber?  Log In

Subscribe

From $110
  • Immediate, unlimited access to all FPM content
  • More than 36 CME credits/year
  • AAFP app access
  • Print delivery available
Subscribe

Issue Access

$39.95
  • Immediate, unlimited access to this issue's content
  • CME credits
  • AAFP app access
  • Print delivery available

Article Only

$25.95
  • Immediate, unlimited access to just this article
  • CME credits
  • AAFP app access
  • Print delivery available
Interested in AAFP membership?  Learn More

Continue Reading

More in FPM

More in PubMed

Copyright © 2025 by the American Academy of Family Physicians.

This content is owned by the AAFP. A person viewing it online may make one printout of the material and may use that printout only for his or her personal, non-commercial reference. This material may not otherwise be downloaded, copied, printed, stored, transmitted or reproduced in any medium, whether now known or later invented, except as authorized in writing by the AAFP.  See permissions for copyright questions and/or permission requests.