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Failure to diagnose is the No. 1 allegation in liability lawsuits

A new study says that cancer is the disease most often involved in misdiagnosis claims.

By Amy Lynn Sorrel, amednews staff. March 20, 2006.

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A physician's failure to diagnose tops the chart as the most common allegation in medical liability lawsuits, according to a February study that has prompted some risk management experts to warn physicians that defensive medicine is their best protection.

Medical liability insurer ProMutual Group found that errors in diagnosis were the leading allegations in 38.9% of closed claims analyzed in seven specialties between 2002 and 2004. In family medicine, internal medicine, pediatrics and radiology, more than 50% of lawsuits alleged a failure to diagnose.

The study, the first time the insurer has taken a combined look at seven specialties, further found that undetected cancer was involved in 47% of the failure to diagnose claims. Thus, cancer was most often involved in lawsuits.

The medical community says that it has watched the trend arise from a faster-paced health care environment, where communication with patients often suffers. High damage awards, in turn, create an atmosphere that contributes to the lawsuits being filed more often, according to doctors and risk management experts.

Maureen Mondor, RN, vice president of risk management for ProMutual, which operates in the Northeast, said that "doctors have to close the loop and work more closely with their patients and specialists," even if there is more pressure to see patients faster.

A majority of misdiagnosis claims could be traced back to a lack of patient history and a lack of follow-up, whether on a test, a referral or missed appointment, said Mondor. She said part of the challenge for physicians is that they are often dealing with patients who don't seek regular treatment, so too much time lapses between visits. She also said patients aren't proactive about following through with doctors' orders.