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Politics Are Key Factor in Policy Progress

As we approach the culmination of the biannual event known as “the most important election of our lifetime,” it is an opportune moment to assess what this election has in store with regard to the medical professional liability community.

Addressing Medical Damages in a Destabilized Healthcare Environment

Join us for a new webinar on Tuesday, September 23, at 12:30 p.m. (ET). Free for members and partners!

The MPL Association Elects Board Chair and Appoints Officers

J. Michael Conerly, MD, FACS, MBA, President and Chief Executive Officer of LAMMICO, has been selected to serve as the Association’s Chair of the Board of Directors.


2014-2023
MPL CLAIMS BY PLACE OF CARE RENDERED

The MPL Association’s Data Sharing Project (DSP) is a closed claims database designed to support the medical professional liability 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 marketing, underwriting, claims management, risk management, and governmental affairs.

This highlight analyzes DSP claims data from 2014 to 2023, focusing on the facility where the medial liability event occurred. Hospitals and inpatient facilities had the highest number of closed and paid claims, along with average indemnity and defense expenses exceeding the overall data set during this time frame ($359,642 and $50,470, respectively). Outpatient clinics and ambulatory settings represented the second largest share of closed claims and paid claims but showed lower average indemnity amounts. This analysis takes a closer look at these top three facility types by reviewing top allegations, presenting medical conditions, outcomes, and severity of injury.

Table 1. MPL Claim Payment Summary (2014-2023)
TOP ALLEGATIONS BY PAID CLAIMS

 

  • Procedural allegations lead with 54% of closed claims and 62% of paid claims with an average indemnity of $373K and average defense cost of $57K.
  • Diagnostic errors, second most frequent by closed and paid claims (23%) but reported the highest average indemnity of $428K.

 

  • Procedure-related (41%) and diagnostic errors (32%) topped the list by closed claims, accounting for 73% of closed and 78% of paid claims
  • Diagnostic claims listed the highest average indemnity at $459K.
 

 

  • Diagnostic allegations are most common, making up 67% of closed claims and 71% of paid claims – the highest percentage across all facility groups.
  • Average indemnity for diagnostic errors is $424K, with procedure-related claims trailing at $390K.
TOP PRESENTING MEDICAL CONDITIONS BY PAID CLAIMS
  1. Other joint disorder, not elsewhere classified (NEC)
  2. Abdominal and pelvic pain
  3. Cholelithiasis (gall stones)
  4. Thoracic, thoracolumbar, and lumbosacral intervertebral disc disorders
  5. Dorsalgia
The five most common presenting medical conditions made up 10% of closed claims and 13% of paid claims. Dorsalgia had the highest financial impact, averaging $495K in indemnity and $63K in defense costs. Conditions like other joint disorders and cholelithiasis (gall stones) reported higher paid-to-closed ratios (57% and 42%, respectively) but resulted in lower average indemnity payments of $139K and $305K.
  1. Encounter for procedures for purposes other than remedying health state
  2. Dorsalgia
  3. Other joint disorder, NEC
  4. Cancer screening
  5. Dental caries
In outpatient settings, the top five presenting medical conditions represented 15% of closed claims and 17% of paid claims. Cancer screenings reported the highest average indemnity at $670K and defense cost at $75K, along with a paid-to-closed ratio of 36%, just behind joint disorders at 37%.
 
  1. Abdominal and pelvic pain
  2. Pain in throat and chest
  3. Dorsalgia
  4. Headache
  5. Other joint disorder, NEC
Within emergency and acute care, the top five presenting medical conditions were involved in 25% of closed claims and 29% of paid claims. Pain in throat and chest had the highest average indemnity at $597K and the highest defense cost at $67K.
TOP OUTCOMES BY PAID CLAIMS
  1. Complication of procedures, NEC
  2. Cardiac arrest
  3. Accidental puncture or laceration during a procedure
  4. Other joint disorder, NEC
  5. Complications of internal orthopedic prosthetic device
The five most prevalent outcomes accounted for 18% of closed claims and 19% of paid claims. Cardiac arrest and accidental puncture or laceration during a procedure were associated with the highest average indemnity payments, $385K and $370K, respectively, and also had the highest average defense costs at $65K and $55K.
  1. Complications of procedures, NEC
  2. Breast cancer
  3. Cardiac arrest
  4. Complications of other internal prosthetic devices, implants and grafts
  5. Emotional distress only
In outpatient settings, the top five outcomes accounted for 18% of closed claims and 17% of paid claims. Breast cancer resulted in the highest average indemnity amounts, at $549K and $422K. They also had the highest defense costs, averaging $44K for breast cancer and $60K for cardiac arrest.
 
  1. Cerebral infarction
  2. Cardiac arrest
  3. Acute appendicitis
  4. Aortic aneurysm and dissection
  5. Other sepsis
The five most common outcomes for emergency and acute care, made up 17% of closed claims and 18% of paid claims. While each of these outcomes involved fewer than 33 reported claims, the associated average indemnity payments were identified: $434K for other sepsis and $433K for cerebral infarction.
SEVERITY OF INJURY

 

  • Death (30%) and moderate injuries (28%) are the most common.
  • Severe injuries account for 20% of claims but represent the highest paid-to-closed ratio (35%), highest average payout at $601K and highest average defense cost ($80K).
 

 

  • Mild injuries (33%) are the most frequently reported but have the lowest paid-to-closed ratio (20%).
  • Moderate injuries make up 35% of all paid claims.
  • Severe injuries and death together represent 41% of paid claims and are associated with the highest average indemnity, $530K and $434K, respectively.
 

 

  • Death (35%) is the most common severity of injury reported.
  • Severe injuries and death, combined, account for nearly 60% of closed claims and more than 69% of paid claims.
  • Severe injuries also had the highest average indemnity at $610K.
  • Mild injuries reported the lowest paid-to-closed ratio and the lowest average indemnity.

 

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