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Malpractice allegations: A reality check for resident physicians.

Abstract

BACKGROUND: Medical malpractice is a source of stress and cost to physicians. Little is known about how it impacts resident physicians. METHODS: We analyzed data from the Comparative Benchmarking System between 2007 and 2016. We also surveyed surgery residents at our institution regarding malpractice in training. RESULTS: 4% of cases identified a resident physician and 32% involved a surgical specialty. Common allegations were improper performance of surgery and improper management of surgical patient. 1 case attributed supervision as the major allegation but supervision was a contributing factor in 26% of cases. 18% of cases named a resident as a defendant. Most residents correctly answered that they can be defendants, agreed that a medico-legal curriculum is at least moderately important, but had poor to terrible malpractice knowledge. CONCLUSIONS: A significant number of medical malpractice claims involve resident physicians as a responsible party. Though universally recognized as important, medico-legal training in surgical residency is often lacking.

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