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2014-2023
MPL Claims by Surgical Specialties

The MPL Association’s Data Sharing Project (DSP) is a closed claims database designed to support the medical professional liability (MPL) industry. Participating member companies voluntarily submit claims data, which include claims resulting with or without indemnity payments, allowing for a more comprehensive analysis of claim trends, severity, and outcomes. This collaborative effort enhances industry insight and supports informed decision making for claims management, risk management, underwriting, education, marketing, and advocacy efforts.

This DSP Highlight shows surgical specialties continue to be a key driver of medical professional liability costs, accounting for 43% of all closed claims and 48% of all paid claims. Approximately 31% of surgical specialty claims result in an indemnity payment and carry both higher average indemnity and defense expenses than non-surgical specialties. Procedure-related allegations dominate, representing approximately 70% of surgical claims; while most close without payment, they still incur defense expenses. Diagnostic-related claims, though fewer, are the most severe, averaging nearly $500,000 per paid claim. Administrative-related allegations occur less frequently but are among the most expensive to defend, averaging more than $100,000 per claim.

MPL CLAIM SUMMARY BY CLOSED CLAIMS

 

MPL PAYMENT SUMMARY

 

TOP FIVE ALLEGATIONS
Procedure-related allegations dominate, representing 18,709 closed claims (70%) for all surgical specialty claims and an average indemnity payment of approximately $350,000. Diagnostic-related issues (3,697 closed claims) are the next common allegation and carry the highest average indemnity payment, at $499,000 per paid claim. These events often involve delays or failure in recognizing complications. Administrative factors (1,147 closed claims), such as consent, referral, response to emergency, etc. occur less frequently but cost the most to defend, approximately $66,000 per claim. Medication/IV Fluid allegations reflects a small portion of claims with severity averaging nearly $440,000. And finally, Other Associated Issues involve no medical misadventure and result in indemnity payments only 4% of the time.

 

RESOLUTION BY ALLEGATIONS

 

  • Most claims are resolved without a payment, with over 59% of closed claims being dropped, withdrawn, or dismissed, but incurring average of $29,000.
  • Settlements represent the largest share of paid claims with average indemnity of $354,000 and defense expenses exceeding $75,000 per claim.
  • Alternative resolutions, including alternative dispute resolution (ADR), contract liability agreements, early offers and communication and resolution programs (CRP) result in lower severity, and lower defense costs.
 

 

  • More than 60% of closed claims are dropped, withdrawn, or dismissed, but still incur $37,000 per claim in defense costs.
  • Over 1,000 closed claims were settled resulting in an average indemnity of $474,000 and average defense cost of $89,000.
  • Less than 6% of closed claims go to trial, with 14% resulting in a plaintiff-verdict and averaging nearly $1.4 million in indemnity and $248,000 in defense expenses.
  • Alternative resolutions show lower average indemnity settlements and defense spending.
 

 

  • Most claims closed without an indemnity payment, but claims that are dropped, withdrawn, and dismissed incur an average of $30,000 defending the claim.
  • Claims that settled, represented 29% of closed claims, averaging $337,000 in indemnity, and have the highest average defense cost ($104,000).
  • Approximately 7% of closed claims go to trial, of which 12% result in a plaintiff-verdict, averaging $530,000 in indemnity and $250,000 in defense expenses.
  • Alternative resolutions report lower average indemnity settlements and defense costs.

 

Contact for more information:
Kwon Miller, Research and Analytics Manager kmiller@MPLassociation.org