Pediatrics Research Today is a free monthly online journal that collates and summarizes the latest research about Pediatrics, including details on child development, perinatal medicine, child health care.

What pediatricians should know about child-related malpractice payments in the United States.

Kain ZN, Caldwell-Andrews AA

Center for the Advancement of Perioperative Health and Department of Anesthesiology, Yale University School of Medicine, 333 Cedar St, New Haven, Connecticut 06510, USA. kain@biomed.med.yale.edu

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 30,195 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 approximately 5% the result of judgments. The average child-related malpractice payment was significantly greater than an adult-related malpractice payment ($422,000 vs $247,000); 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 approximately 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.

Published 2 August 2006 in Pediatrics, 118(2): 464-8.
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