What type of doctor is sued the most?

Asked by: Imogene Rippin  |  Last update: May 3, 2026
Score: 4.1/5 (72 votes)

The "most sued" doctors are consistently found in surgical and high-risk specialties, with Obstetricians/Gynecologists (OB/GYNs) and General Surgeons frequently topping lists, followed closely by Orthopedic Surgeons, Plastic Surgeons, and Neurosurgeons, due to the inherent complexities and potential for severe patient outcomes in these fields. While no single individual is famously "the" most sued across all time, these specialties have the highest rates of lawsuits among physicians.

Which specialty gets sued the most?

Ultimately, as shown by the data, it's no surprise that surgeons are the most often sued professionals in the medical field with 90% of surgeon participants having been involved in a legal dispute regarding medical malpractice.

Who gets sued the most in healthcare?

According to a study conducted by the American Medical Association (AMA), OB/GYN providers have one of the highest rates of malpractice, with more than 62% of physicians being sued at some point throughout their career.

What type of doctor has the highest malpractice insurance?

Surgical specialties with the highest-risk profiles pay the highest malpractice premiums. These specialties include neurosurgeons, OBGYNs, general surgeons, bariatric surgeons, plastic surgeons, and orthopedic surgeons.

What doctors get sued the least?

Doctors under the age of 40 are more than 15 times less likely to have been sued than their counterparts aged 40-54. And, physicians age 55 and older are 21 times more likely to have been sued than the 40-54 group.

What Doctors Get Sued the Most for Medical Malpractice?

39 related questions found

What doctor makes 700K a year?

Cardiac Anesthesiologist – $700K Annual Compensation.

Why are obgyns most sued?

To be more specific, these are some of the most common reasons why American obstetricians and gynecologists get sued for medical malpractice: Maternal and/or fetal death during pregnancy and/or childbirth. Failed tubal ligations.

What medical specialty is least likely to get sued?

Family general practice, pediatrics, and psychiatry are the specialties that are least likely to be sued for medical malpractice. Psychiatrists have the lowest risk, with only 2.6% facing claims. Why Are Certain Specialties Being Sued More Than Others?

How many doctors get sued in their career?

One in three healthcare providers is sued for medical malpractice during their career. Patients can pursue compensation through medical malpractice lawsuits when they suffer harm due to substandard treatment.

What is the most famous case of medical negligence?

There isn't one single "most famous" case, but top contenders involve comedian Dana Carvey (wrong artery bypassed during heart surgery), the Johns Hopkins privacy scandal (doctor secretly recorded patients), and significant birth injury cases like Hannah Housen's, often cited for large verdicts and impact on legal standards, highlighting severe diagnostic errors, surgical mistakes (wrong leg amputation), and profound breaches of trust.
 

What profession has the most lawsuits?

General surgery (59.3% sued in career) Orthopedic surgery (47.2% sued in career) Emergency medicine (46.8% sued in career) Radiology (40.2% sued in career)

What is the number one reason doctors get sued?

Failure to diagnose or a delay in diagnosis

This is the most common malpractice allegation made by patients. To prevent an incorrect or missed diagnosis, make sure you are diligent in following patients' complaints to a full diagnosis. Also, be familiar with the error rates of your diagnostic instruments.

What is the hardest element to prove in a medical malpractice case?

The hardest element to prove in a medical malpractice case is causation, which requires showing the healthcare provider's specific negligent act directly caused the patient's injury, not pre-existing conditions or other factors. Proving this link involves complex medical evidence and expert testimony, often facing defense arguments that the outcome was inevitable or due to other variables, making it difficult to establish the provider's actions were the "but for" cause. 

Has every doctor been sued?

Unfortunately, being sued for medical malpractice is a very real possibility, according to a 2022 American Medical Association (AMA) analysis. In fact, the findings show that about 30% of US physicians have been sued for medical malpractice. And the longer you're in practice, the higher the risk.

What is the most underpaid medical specialty?

The lowest-paid doctor specialties consistently include Pediatrics, Family Medicine, Preventive Medicine, Endocrinology, and Infectious Diseases, with many subspecialties within pediatrics (like pediatric endocrinology or rheumatology) appearing at the very bottom due to shorter training, high stress/low reimbursement balance, and critical societal need. While specific rankings vary slightly by report and year (2023-2025 data), these primary care and pediatric fields offer lower compensation compared to surgical or high-demand specialties. 

What are the 4 D's for a malpractice suit to be successful?

In medical malpractice law, proving negligence isn't as simple as showing that you were hurt. There's a specific legal framework, known as the Four Ds of Medical Negligence, that must be satisfied for a case to move forward: Duty, Dereliction, Direct Causation, and Damage.

Which doctor has the highest malpractice?

Surgery is one of the riskiest medical fields for both patients and doctors. It's no surprise that surgeons have some of the highest rates of malpractice claims. Here's why: Complexity of Procedures: Surgeries often involve delicate, high-precision work on vital organs or intricate systems.

What are the 4 C's of medical malpractice?

The 4 C's of medical malpractice refer to key areas where healthcare providers can fail, leading to potential lawsuits: Compassion, Communication, Competence, and Charting (or Documentation). They serve as a guide for providers to prevent malpractice by emphasizing empathetic care, clear patient interaction, professional skill, and accurate record-keeping, with communication failures often being a major factor in claims. 

Do surgeons get sued a lot?

Surgeons top the list of most-sued doctors, with 83% of general and plastic surgeons surveyed for the AMA's report reporting at least one instance of being sued. Because surgery is a complex, high-risk procedure, even minor errors can potentially cause severe, long-lasting injuries to patients.

How to avoid being sued as a doctor?

Keeping proper/legally valid medical records is a must and should include patient's complete name on each and every medical record. Record both the medical act performed or the advice given as well as the purpose/reason for that particular medical act/advice.

What specialty has the most burnout?

The study found burnout varies across the medical field, with some specialties facing more severe challenges than others. Emergency medicine physicians experience the most intense burnout, with the highest emotional fatigue (68%) and depersonalization (55%).

What profession gets sued the most?

Medical specialty

In general, surgical specialties are at highest risk and internal medicine subspecialties are at lowest risk. Obstetricians/gynecologists (ob-gyns), general surgeons, other surgeons and orthopedic surgeons are at highest risk of being sued during their careers.

What are the red flags for gynecologists?

Persistent heavy bleeding during periods leading to fatigue; pain lasting >2 weeks; severe, foul-smelling discharge; palpable lump. Book an appointment within 1–2 days for immediate testing (ultrasound).

Which states sue doctors the most?

According to the NPDB, New York, California, and Florida had the highest number of medical malpractice suits between 2018 and 2023. North Dakota reported the fewest suits, with only 40 cases during the same period.