Claims Made

10% of CBS (2008-17)
59% high severity
$197K average total incurred
70% ambulatory (29% inpatient)
44% diagnosis-related (29% medical treatment)


63% of defendants = MDs
35% close with payment
$360K average indemnity

Injuries in high-severity cases

  • death
  • malignancy
  • adverse reaction
  • infarction
  • infection
  • embolism/thrombosis
  • organ damage
  • arrest
  • sepsis
  • hemorrhage

Final diagnosis in high-severity cases

  • diseases of the heart
  • poisoning
  • cerebrovascular disease
  • cancer of bronchus; lung
  • substance-related disorders
  • bacterial infection
  • complications
  • colorectal cancer
  • diseases of arteries; arterioles; and capillaries
  • cancer of male genital organs

Top contributing factors

  • failure to order a consult/referral
  • failure to order a diagnostic test
  • failure to appreciate new signs/findings
  • provider-provider communication regarding patient’s condition
  • fail to establish a differential diagnosis
  • inadequate assessment: history and physical

Case abstracts

All CBS CMY `08-`17 = 67,617 cases

All CBS Closed `08-`17 = 73,444 cases

Related Articles

    Documentation Dos and Don’ts

    Current, complete records which assist diagnosis and treatment, and which communicate pertinent information to other caregivers also provide excellent records for risk management purposes. Missing, incomplete, or illegible documentation can seriously impede patient care and the defense of a malpractice claim, even when the care was appropriate.

    Repeat ED Visits, Delayed Diagnosis, Lost Ovary

    A case where a sign-out checklist or documentation of an order may have prevented the patient's poor outcome.

    Legal Report: Patients Now Sue for "Loss of Chance"

    Courts disagree on patients' ability to get money for losing less than a 50 percent chance of recovery due to delays in treatment or diagnosis.
Cookies help us improve your website experience.
By using our website, you agree to our use of cookies.