Which Type of Doctor Gets Sued the Most?

Neurosurgeons had the highest annual malpractice-claim rate in the study titled “Malpractice Risk According to Physician Specialty,” at 19.1%. An 18.9% rate put thoracic-cardiovascular surgeons next, followed by general surgeons at 15.3%. Which ranking you check changes the answer. General surgery has the top spot in “Malpractice by the numbers,” a separate article listing specialties facing the most lawsuits.

Each ranking counts something different. A count of doctors who've ever been sued doesn't measure how likely a doctor is to face a claim this year. Neither measure tells you that a doctor was negligent in treating you.

The highest annual malpractice-claim rates

The yearly figures in “Malpractice Risk According to Physician Specialty” tell you what share of physicians faced a claim. The highest annual claim rates in that study come from these three surgical fields:

Facing a claim doesn't mean malpractice occurred. The table doesn't give the number of claims that ended in a payment or went to trial. Whether the physician was found responsible isn't shown there either. You can't read that 19.1% as 19.1% of neurosurgeons committing malpractice.

This annual comparison puts neurosurgery first. You can't use the study's title or its reported figures to rank all doctors practicing today in the United States and Canada.

Why another list puts general surgeons first

The article “Malpractice by the numbers,” published June 18, 2021, puts general surgery first on its list of specialties facing the most lawsuits. Urology follows it. OB-GYN and women's health is fourth on the list, just after otolaryngology.

General surgeons can lead that list without contradicting the annual claim figures. Check the time period and what a percentage counts before comparing one ranking with another. Counting physicians who've ever been sued won't give you the same answer as counting claims filed in a single year.

What's behind those labels? If “Most lawsuits” is a total count, it isn't the proportion that “highest rate” describes. Those terms aren't interchangeable unless you know how the figures were put together.

Where do OB-GYNs fit?

You'll find OB-GYN and women's health fourth in “Malpractice by the numbers.” That high spot on the lawsuit list doesn't make OB-GYN the highest-risk specialty in the annual study above, which counts claims differently.

If you're worried about care during pregnancy or delivery, ask what happened, since the specialty ranking can only give you background. Our obstetrical malpractice and birth injury pages have more about those concerns.

What these rankings mean for a patient

You can't rate a doctor's safety by lawsuit rankings. These figures lump physicians together, so they don't show your surgeon's record or tell you what happened during your treatment.

Before choosing a doctor, find out about the proposed treatment and its alternatives. If a risk worries you, ask about it rather than relying on a specialty ranking.

After an injury, turn to your chart rather than a ranking as you note what you were told and when your condition changed. Keep messages you exchanged with the care team, along with a note listing records you still need.

If a treatment decision worries you (or the discharge notes don't match what your family remembers), bring that up with the lawyer who's reviewing your care. You can ask a lawyer to review what happened without first proving that the doctor's specialty is frequently sued.

What to do next

Start by gathering your records. When you jot down notes about the care that worries you, separate what you can document from questions you still have.

Don't treat this page's general information as legal advice. Because state and provincial rules differ, a lawyer in your state or Canadian province can explain what applies to you, including any filing deadline. Before requesting a case review, you can read our medical malpractice page, too.