Doctors and Litigation: The L Word
Sep 22, 2026 · 50 min · 13 segments
This month we're taking a look at the data available to physicians regarding their risk of malpractice litigation in the US. We are typically limited to survey data, national insurance company claims…
Robert E. White Jr.GuestGeeta PensaHostSo as I said, we're going to talk about data, specifically the data that shapes our understanding of the medical malpractice climate in the United States, what we have, what we are missing.
White, who's president at the doctor's company, TDC Group, the largest physician-owned insurer in the country with operations in all 50 states, to discuss their most recent report on claims and severity trends.
And it's exactly the data-driven work that moves us in the right direction, and we are going to get into it shortly.
But before we do, I want to sort of set the table because the interview prompted me to think carefully about the landscape of data we are actually working with.
He asked to remain anonymous, but he talked about a 700% increase in a group's malpractice insurance premiums over eight years.
And he did a deeper dive and saw that This was not a case of the insurance company gouging them in any way.
White and I will touch briefly on how where you live influences your risk greatly, but most doctors do not know about
that.
They
have access to
I think there actually is some fear that doctors may leave those areas if they really understood their risk, but it should be their right to do so.
So if you haven't listened to the episode on New Mexico earlier this season about the weaponization of punitive damages there and how that impacted access to care, please do listen.
I am a doctor living in a highly litigious state, and I'm concerned that the published data I see on malpractice risk and on insurance premiums is not representative of the world in which I live.
Providing national data obscures and minimizes the problems faced by doctors in the most litigious environments, which then allows the medical malpractice lobby in such locations to push their agenda to even greater extremes.
So as I said, we're going to talk about data, specifically the data that shapes our understanding of the medical malpractice climate in the United States, what we have, what we are missing.
White, who's president at the doctor's company, TDC Group, the largest physician-owned insurer in the country with operations in all 50 states, to discuss their most recent report on claims and severity trends.
And it's exactly the data-driven work that moves us in the right direction, and we are going to get into it shortly.
But before we do, I want to sort of set the table because the interview prompted me to think carefully about the landscape of data we are actually working with.
He asked to remain anonymous, but he talked about a 700% increase in a group's malpractice insurance premiums over eight years.
And he did a deeper dive and saw that This was not a case of the insurance company gouging them in any way.
White and I will touch briefly on how where you live influences your risk greatly, but most doctors do not know about
that.
They
have access to
I think there actually is some fear that doctors may leave those areas if they really understood their risk, but it should be their right to do so.
So if you haven't listened to the episode on New Mexico earlier this season about the weaponization of punitive damages there and how that impacted access to care, please do listen.
I am a doctor living in a highly litigious state, and I'm concerned that the published data I see on malpractice risk and on insurance premiums is not representative of the world in which I live.
Providing national data obscures and minimizes the problems faced by doctors in the most litigious environments, which then allows the medical malpractice lobby in such locations to push their agenda to even greater extremes.
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