Learning From Medical Oncology Malpractice Claims

Cancer remains a leading cause of death in the U.S., with certain types of cancer increasing despite overall declines in mortality. By reviewing closed malpractice claims involving the medical oncology specialty, our study aims to gain insights into factors affecting cancer care and treatment.

Study Design

This descriptive, exploratory study used an evidence-based taxonomy.¹ The study included The Doctors Company medical professional liability claims with a loss year from 2011 through 2022, focusing on medical oncology. Criteria included patient demographics, injury severity, major injury, major allegations, event location, service role involved, average indemnity paid, medications involved, and contributing factors.

Results

We examined 92 medical oncology claims with the following results:

• We found an almost equal dispersion of claims between male and female claimants, with an age range of between 27 and 83 years old. Of the claims examined, 63 percent involved high-severity injuries, with 43 percent resulting in death.
• The top major injuries were adverse reactions to medications (25 percent), malignancy (15 percent), and metastasis (12 percent). The most common medication classification was chemotherapeutic or immunosuppressant. Other medications included antibiotics and steroids.
• The average indemnity paid was $266,000, with claims involving safety and security allegations having a 100 percent paid indemnity rate, while 52 percent of the medication-related allegations had a paid indemnity.
• The most common major allegations were related to medical treatment (38 percent), medication (29 percent), and diagnosis (26 percent).
• Most claims occurred in office or clinic settings (85 percent).
• The most prominent role was the attending/consulting physician (85 percent).
• Contributing factors, such as clinical judgment, communication, and behavior were prevalent, with clinical judgment having the largest impact on settlement outcomes.

Discussion

The findings highlight issues related to patient assessments, selection and management of medication, policies and procedures, and communication between practitioners and patients as areas for improvement. By examining closed medical oncology claims, we can develop strategies to help practitioners lessen risk and improve patient safety.

Conclusion

Learning from medical oncology malpractice claims can help prevent future errors, reduce patient harm, and mitigate risk. The insights gained from this study are expected to inform policy recommendations and best practices for safer oncology care.

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