Colorectal Surgeon Medical Malpractice Insurance
Colon and rectal surgery—or colorectal surgery—is considered a high-risk specialty by medical malpractice insurers, as it involves complicated surgical procedures that often result in lawsuits against surgeons.(1) This means colorectal surgeons pay premiums for medical malpractice insurance that are at the high end of the range. Premiums vary greatly based on factors like location and procedures performed. The highest premiums are found in states like New York and Florida, while rates are much lower in states like Texas and Minnesota.
Malpractice lawsuits against colorectal surgeons can be sorted into five major groups. From most to least prevalent, these are failure to diagnose (mostly colon cancer and appendicitis), iatrogenic colon injury, iatrogenic medical complications during diagnosis or treatment, sphincter injury resulting from anorectal surgery and lack of informed consent.(2) Special care should be taken in these areas of colorectal practice.
Diagnosis is one of the most important aspects of practicing colon and rectal surgery. The average colorectal surgeon performs almost 500 colonoscopies in a year, spending an average of 23 percent of clinical time on performing colonoscopies. This is appropriate, as colon cancer is one of the leading causes of cancer-related death in the U.S.(3) It is important for colorectal surgeons to carefully and vigilantly document these procedures, as they can often lead to lawsuits down the road. Keep a clear record of each case, including the though processes behind diagnoses. Pay special attention to a case if there is a record of a family history of colon cancer, as there is a legal responsibility to screen beyond the normal standard of care if such a history exists.(4)
Good documentation is essential in all cases, not just colonoscopies. Also important is effective communication with patients. Colorectal surgery presents limited opportunities for communication with patients compared to, for example, internal medicine. This means that it is vital for colorectal surgeons to take advantage of every patient encounter in order to build positive, personal relationships with patients before surgery. Research shows that the more time a surgeon spends with a patient before surgery, the less likely that patient is to sue.
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