Association of Emotional Intelligence with Malpractice Claims: A Review

Daniel Shouhed, Catherine Beni, Nicholas Manguso, Waguih William Ishak, Bruce L. Gewertz

Research output: Contribution to journalReview articlepeer-review

27 Scopus citations


Importance: Approximately 8% of physicians experience a malpractice claim annually. Most malpractice claims are a result of adverse events, which may or may not be a result of medical errors. However, not all medicolegal cases are the result of medical errors or negligence, but rather, may be associated with the individual nature of the patient-physician relationship. The strength of this relationship may be partially determined by a physician's emotional intelligence (EI), or his or her ability to monitor and regulate his or her emotions as well as the emotions of others. This review evaluates the role of EI in developing the patient-physician relationship and how EI may influence patient decisions to pursue medicolegal action. Observations: Several physician characteristics are associated with increased medicolegal risk. Some of these traits, such as sex, age, level of experience, and specialty, are inherent. Other characteristics, such as patient interaction, patient satisfaction, and prior legal history, appear to be related to physicians themselves, yet they are modifiable if such physicians can be identified. Numerous tools exist that provide general measures of different aspects of EI. Furthermore, identification of those with lower EI and intervention with specific training has been shown to improve both EI and patient satisfaction. Conclusions and Relevance: The study and effect of EI within medicine offers great opportunity to investigate how physician characteristics may influence one's EI, as well as medicolegal risk. This review suggests an indirect negative correlation between a physician's level of EI and his or her risk of litigation. Studies directly linking physicians with low EI to a higher risk of litigation are lacking and may provide valuable insight. Demonstrating such a correlation should prompt the development of interventions that may enhance a physician's level of EI early in his or her career and may limit future legal action.

Original languageEnglish
Pages (from-to)250-256
Number of pages7
JournalJAMA Surgery
Issue number3
StatePublished - Mar 2019
Externally publishedYes


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