What Pediatricians Should Know About Child-Related Malpractice Payments in the United States

Abstract

OBJECTIVE. The purpose of this study was to examine child-related National Practitioner Data Bank data. METHODS. Data were obtained from the National Practitioner Data Bank. RESULTS. the period from February 1, 2004, through December 31, 2005, a total of 30195 malpractice payments were made on behalf of practitioners in the United States; 14% of those payments (4107 of 30195 payments) were child related. During the period analyzed, $1.73 billion were paid for malpractice cases involving children. More than 95% of all payments were the result of settlements and only ∼5% the result of judgments. The average child-related malpractice payment was significantly greater than an adult-related malpractice payment ($422000 vs $247000); however, child-related malpractice payments were only one half as likely to occur, compared with adult-related malpractice payments. Significant geographic variability was found in the numbers and sizes of child-related malpractice payments. Failure to diagnose was the leading reason for child-related payments (18%), followed by improper performance (9%), delay in diagnosis (9%), and improper management (6%). Finally, we found that ∼40% of all malpractice awards were the result of surgical or obstetrical issues. CONCLUSIONS. Practicing pediatricians should be aware of the existence of a mandatory electronic depository that documents all malpractice settlements and judgments involving practitioners.