Non-spinal musculoskeletal malpractice suits against radiologists in the USA—rates, anatomic locations, and payments in a survey of 8,265 radiologists

Abstract

The objective of this study was to present the characteristics of non-spinal musculoskeletal malpractice suits with attention to rates, anatomic location, and payments in a survey of 8,265 radiologists. The malpractice histories of 8,265 radiologists from 36 states were evaluated from credentialing data required of all radiologists participating in the network of One Call Medical, Inc., a broker for imaging tests in workmen’s compensation cases. Twenty six hundred of the 8,265 radiologists (31.5 %) had at least one suit. Of the 4,741 total claims, 627 (13.2 %) were related to the bones and soft tissues. Four hundred seventeen (66.1 %) of them involved the musculoskeletal system other than the spine. A cause was known for 400. Of these, 91.8 % (367/400) resulted from an alleged failure to diagnose. The foot was the most common site with a rate 6.00 cases/1,000 radiologist’s person years (95 % confidence interval (CI), 4.68–7.68), and the hip was second with a rate of 5.30 cases/1,000 person years (95 % CI, 4.15–6.76). The highest median payment related to ankle injuries with a median settlement of $72,500 (interquartile range (IQR), $40,000–$161,250). The state in which the highest median settlement occurred was Maryland ($125,000; IQR, $95,000–$230,000)) whereas Utah had the highest rate of suits (5.24 cases per 1,000 person years; CI, 3.03–9.04). Claims regarding foot and hip injury were the most common, but ankle settlements incurred the highest awards.