Pediatric Malpractice Claims: Infrequent but High-Impact — Analysis of Trends, Payouts, and Risk Factors
Malpractice claims in pediatrics are less frequent than in most other medical specialties, but when claims are successful, they tend to result in higher average payouts. Diagnostic errors — especially in emergency and surgical settings — are the most common cause, and hospital-based subspecialists remain at higher risk. Importantly, the overall proportion of pediatricians sued has decreased substantially over time.
Compared to other medical specialties, pediatricians have one of the lowest rates of paid malpractice claims. From 1992 to 2014, the rate of paid claims in pediatrics dropped dramatically by 75.8%, declining from 9.9 to 2.4 per 1000 physician-years. This represents a steeper decline than seen in most other medical fields, reflecting improvements in patient safety, changes in tort reform legislation, and evolving practices in claim resolution.
While these trends are encouraging, they do not eliminate malpractice risk. The decline in claim frequency may reflect both improved care and changes in the legal environment, but when claims do succeed, the financial and professional consequences remain substantial.
Medical Malpractice · 11 min read · Ralph D. Martello, MD, pediatric hospitalist and medical expert witness.