Evaluating Medical Students' Knowledge of Medical Malpractice: A Pilot Study

Authors

  • Nia Nikkhahmanesh Fourth-year Medical Student. The University of Arizona College of Medicine - Phoenix, Phoenix, AZ United States. https://orcid.org/0000-0003-3954-5377
  • Paul Kang MS, MPH. The University of Arizona College of Medicine - Phoenix, Phoenix, AZ United States.
  • Eric vanSonnenberg MD. The University of Arizona College of Medicine - Phoenix, Phoenix, AZ United States.3. MD. The University of Arizona College of Medicine - Phoenix, Phoenix, AZ United States. https://orcid.org/0000-0002-4655-9358

DOI:

https://doi.org/10.5195/ijms.2023.1576

Keywords:

Medical malpractice, Physician involvement in malpractice suits, Surgeons and malpractice claims, Medical malpractice insurance premiums, Perception of medical malpractice by medical students, Medico-legal education, Lack of legal education in medical curriculum, Impact of medical malpractice education on students, Global lack of medical malpractice education, Training and education in legal liability, Survey methodology, Baseline medical student knowledge, Questionnaire development, Evaluation of medical malpractice knowledge, Cross-sectional study, Statistical analysis, Stratification of data by demographic factors, Gaps in medico-legal knowledge among medical students, Concerns of medical students regarding malpractice lawsuits, Educational material for medical students

Abstract

Introduction: Although medical malpractice lawsuits are common and have a tremendous financial and psychological impact on physicians, education about medical malpractice is almost non-existent in most medical school curricula around the world. Nonetheless, medical students are concerned about looming legal lawsuits during their careers and have expressed desire to become educated. The objective of the present study is to evaluate and gauge baseline medico-legal knowledge of medical students.

Methods: A survey with 25 multiple-choice quiz questions regarding malpractice risks, standards of care, and malpractice premiums was prepared with information obtained from peer-reviewed articles after a thorough literature review failed to produce a validated questionnaire for medical students. The survey was distributed to medical students across 5 consecutive years at our medical school, totaling 420 students. Data from the survey was collected via Qualtrics before undergoing statistical analysis.

Results: The completion rate for the survey was 110/420 (26.2%). The results showed that no group of students scored greater than 50% correct on the survey, with an overall median score of 40% correct for all students combined. Fourth year medical students correctly answered 1.77 more questions, on average, than first year medical students. There were no statistically significant differences in survey score between students with a personal or familial medical malpractice involvement.

Discussion: The results are an indication that students are not well-educated about medical malpractice, and that medical malpractice education should be implemented in medical school to help prepare future physicians to protect their patients and hopefully avoid malpractice lawsuits.

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References

Guardado JR. Medical liability claim frequency among U.S. physicians. American Medical Association. Available from: https://www.ama-assn.org/sites/ama-assn.org/files/corp/media-browser/public/government/advocacy/policy-research-perspective-medical-liability-claim-frequency.pdf. Cited Mar 1, 2023.

Jena AB, Seabury S, Lakdawalla D, Chandra A. Malpractice risk according to physician specialty. N Engl J Med. 2011;365(7):629-36.

American Medical Association. Medical liability claim frequency among U.S. physicians. Available from: https://www.ama-assn.org/media/21976/download. Cited Sep 26, 2020.

Guardado JR. Prevalence of medical liability premium increases unseen since 2000s continues for third year in a row. American Medical Association. Available from: https://www.ama-assn.org/practice-management/sustainability/nearly-30-medical-liability-insurance-premiums-rose-2021. Cited Mar 1, 2023.

Kelly ET, Miller EA. Perceptions of medical malpractice and medical malpractice reform among first- and fourth-year medical students. Health Policy. 2009;91(1):71-78.

Johnston WF, Rodriguez RM, Suarez D, Fortman J. Study of medical students' malpractice fear and defensive medicine: a "hidden curriculum?". West J Emerg Med. 2014;15(3):293-8.

Persad GC, Elder L, Sedig L, Flores L, Emanuel EJ. The current state of medical school education in bioethics, health law, and health economics. J Law Med Ethics. 2008;36(1):89-4.

Dolin G, Ram N. One model of collaborative learning for medical and law students at the University of Baltimore and Johns Hopkins University. AMA J Ethics. 2016;18(3):237-42.

Annandale E, Cunningham-Burley S. Medical students' perceptions of medical malpractice. Med Educ. 1996;30(4):253-8.

Al-Azri NH. Providing Legal Education for Medical Students in Arab Gulf Cooperation Council Countries. J Med Educ Curric Dev. 2020;7:2382120520928386

Kurban NK, Savaş H, Cetinkaya B, Turan T, Kartal A. Evaluation of nursing students' training in medical law. Nurs Ethics. 2010;17(6):759-68.

Bono MJ, Wermuth HR, Hipskind JE. Medical malpractice. StatPearls. Treasure Island (FL): StatPearls Publishing.

HG Legal Resources. Who's liable when medical students make mistakes? Available from: https://www.hg.org/legal-articles/who-s-liable-when-medical-students-make-mistakes-40865. Cited Aug 24, 2021.

Medical Malpractice Help. Who can be sued for medical malpractice? Available from: https://www.medicalmalpracticehelp.com/faqs/who-can-be-sued-for-medical-malpractice/. Cited Aug 24, 2021.

Schaffer AC, Jena AB, Seabury SA, Singh H, Chalasani V, Kachalia A. Rates and characteristics of paid malpractice claims among US physicians by specialty, 1992-2014. JAMA Intern Med. 2017;177(5):710-8.

American Bar Association. New ABA data reveals rise in number of U.S. lawyers, 15 percent increase since 2008. Available from: https://www.americanbar.org/news/abanews/aba-news-archives/2018/05/new_aba_data_reveals/. Last updated May 11, 2018; cited August 24, 2021.

Katz ED. Defensive medicine: a case and review of its status and possible solutions. Clin Pract Cases Emerg Med. 2019;3(4):329-32.

Rothberg MB, Class J, Bishop TF, Friderici J, Kleppel R, Lindenauer PK. The cost of defensive medicine on 3 hospital medicine services. JAMA Intern Med. 2014;174(11):1867-8.

Raab EL. The parameters of informed consent. Trans Am Ophthalmol Soc. 2004;102:225-32.

Long Island Personal Injury Law Firm | Palermo Law, P.L.L.C. I signed an informed consent form – can I still sue for medical malpractice? Available from: https://thesuffolkpersonalinjurylawyer.com/signed-consent-form-can-sue-medical-malpractice/. Cited Aug 24, 2021.

Mello MM, Frakes MD, Blumenkranz E, Studdert DM. Malpractice liability and health care quality: a review. JAMA. 2020;323(4):352-366.

Ronquillo Y, Robinson KJ, Nouhan PP. Expert witness. In: StatPearls. Treasure Island (FL): StatPearls Publishing.

Becker's Hospital Review. More than 50% of physicians have been sued for malpractice, study finds. Available from: https://www.beckershospitalreview.com/hospital-physician-relationships/more-than-50-of-physicians-have-been-sued-for-malpractice-study-finds.html. Cited Aug 24, 2021.

Pandey U. Knowledge of medical negligence among medical students. Innovare J Med Sci. 2014;2(4):1-2.

Rai JJ, Acharya RV, Dave D. Knowledge and awareness among interns and residents about medical law and negligence in a medical college in Vadodara – A questionnaire study. IOSR J Dent Med Sci. 2013;3(40):32-8.

Sivasuthan S, Babu B, Varghese A, David A. Awareness of 3rd semester MBBS students regarding the medico-legal issues in our society and the need for training in forensic medicine – A descriptive cross-sectional study. J Evol Med Dent Sci. 2018;7(36):401-8.

Roy AD, Chen L, Santucci K. What do pediatric residents know about malpractice?. Pediatr Emerg Care. 2011;27(7):586-90.

Chen WT, Fu CP, Chang YD, Shiao YC, Chen PY, Wang CC. Developing an innovative medical ethics and law curriculum-constructing a situation-based, interdisciplinary, court-based learning course: a mixed methods study. BMC Med Educ. 2022;22(1):284.

Preston-Shoot M, McKimm J, Kong WM, Smith S. Readiness for legally literate medical practice? Student perceptions of their undergraduate medico-legal education. J Med Ethics. 2011;37(10):616-22.

Emanuel EJ. Reforming american medical education. Milbank Q. 2017;95(4):692-7.

Rehm SJ, Borden BL. The emotional impact of a malpractice suit on physicians: Maintaining resilien. Cleve Clin J Med. 2016;83(3):177-8.

Correlational Analysis of Stratification Criteria Medical Students' Knowledge of Medical Malpractice

Published

2023-12-21

How to Cite

Nikkhahmanesh, N., Kang, P., & vanSonnenberg, E. (2023). Evaluating Medical Students’ Knowledge of Medical Malpractice: A Pilot Study. International Journal of Medical Students, 11(4), 276–284. https://doi.org/10.5195/ijms.2023.1576

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