Medical Malpractice Insurance for Cardiothoracic Surgeons
Like other surgical specialties, medical malpractice insurance companies consider cardiothoracic surgery a high-risk specialty; this is because surgeries can easily lead to adverse outcomes, which in turn can result in lawsuits against physicians. This classification means cardiothoracic surgeons must pay relatively high premiums for medical malpractice insurance. Premiums have risen steadily since 2005, the last year for which reliable data is available, when the average premium for a cardiothoracic surgeon was more than $50,000, and premiums at the high end of the range topped $200,000. Rates vary widely based on the location and other specific aspects of the practice. The highest premiums are found in states with hostile legal climates, like New York and Florida, while much lower rates are paid in rural states and states that have enacted tort reform, like Texas. Cardiothoracic surgeons who focus on general thoracic surgery pay the lowest premiums, while a focus on adult cardiac surgery increases rates, and a focus on congenital heart problems leads to the highest premiums. (1)
Malpractice cases that go to trial often involve expert witnesses, physicians paid to testify to whether or not the defendant upheld the appropriate standard of care. The Society of Thoracic Surgeons, a leading specialty organization, maintains a list of guidelines for expert witnesses in malpractice cases against cardiothoracic surgeons. The Society argues that expert witnesses should be fully licensed and qualified to practice in the area relevant to the lawsuit, and have an ethical duty to testify neutrally and without bias. These guidelines can be difficult to implement in practice, as expert witnesses are paid by the plaintiff and may feel a responsibility to find negligence on the part of the defendant. New research suggests that this is indeed a problem, and that expert witnesses often give testimony that is at odds with the accepted standard of care. These finding highlight the need for reform to the expert witness system. A broad reform might include a system of blind peer review, where several physicians evaluate the facts of the case, and come to a decision without knowledge of the facts of the case and without payment from the plaintiff.
Cardiothoracic surgeons should become familiar with common causes of malpractice suits against surgeons. The majority of negative outcomes in surgery involve technical errors. One study found that 65 percent of technical errors involved manual error, 9 percent involved judgment error in and 26 percent involved both manual error and error in judgment. (2)
To prevent this kind of error, cardiothoracic surgeons should practice good risk management. One of the most important areas of risk management is good communication. Surgical specialties present a limited opportunity to build relationships with patients, so it is important for surgeons to take advantage of every chance to create a positive connection with patients. Research shows that the likelihood of a lawsuit drops markedly as the amount of preoperative time spent with a patient increases. Another important aspect of risk management is documentation. Doctors should keep a clear, complete record of every case. Records should be well organized and legible. Good records can make the difference between a finding of indemnity and victory in a lawsuit.
If you are a Cardiothoracic Surgeon and are looking to save money, you can request your free medical malpractice insurance quote now.
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