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This ongoing column is dedicated to providing information to our readers on managing legal risks associated with medical practice. We invite questions from our readers. The answers are provided by PRMS (www.prms.com), a manager of medical professional liability insurance programs with services that include risk management consultation and other resources offered to health care providers to help improve patient outcomes and reduce professional liability risk. The answers published in this column represent those of only one risk management consulting company. Other risk management consulting companies or insurance carriers might provide different advice, and readers should take this into consideration. The information in this column does not constitute legal advice. For legal advice, contact your personal attorney. Note: The information and recommendations in this article are applicable to physicians and other health care professionals so "clinician" is used to indicate all treatment team members.
This ongoing column is dedicated to providing information to our readers on managing legal risks associated with medical practice. We invite questions from our readers. The answers are provided by PRMS (www.prms.com), a manager of medical professional liability insurance programs with services that include risk management consultation and other resources offered to health care providers to help improve patient outcomes and reduce professional liability risk. The answers published in this column represent those of only one risk management consulting company. Other risk management consulting companies or insurance carriers might provide different advice, and readers should take this into consideration. The information in this column does not constitute legal advice. For legal advice, contact your personal attorney. Note: The information and recommendations in this article are applicable to physicians and other healthcare professionals so "clinician" is used to indicate all treatment team members.
This ongoing column is dedicated to providing information to our readers on managing legal risks associated with medical practice. We invite questions from our readers. The answers are provided by PRMS (www.prms.com), a manager of medical professional liability insurance programs with services that include risk management consultation and other resources offered to health care providers to help improve patient outcomes and reduce professional liability risk. The answers published in this column represent those of only one risk management consulting company. Other risk management consulting companies or insurance carriers might provide different advice, and readers should take this into consideration. The information in this column does not constitute legal advice. For legal advice, contact your personal attorney. Note: The information and recommendations in this article are applicable to physicians and other healthcare professionals so "clinician" is used to indicate all treatment team members.
This ongoing column is dedicated to providing information to our readers on managing legal risks associated with medical practice. We invite questions from our readers. The answers are provided by PRMS (www.prms.com), a manager of medical professional liability insurance programs with services that include risk management consultation and other resources offered to health care providers to help improve patient outcomes and reduce professional liability risk. The answers published in this column represent those of only one risk management consulting company. Other risk management consulting companies or insurance carriers might provide different advice, and readers should take this into consideration. The information in this column does not constitute legal advice. For legal advice, contact your personal attorney. Note: The information and recommendations in this article are applicable to physicians and other healthcare professionals so "clinician" is used to indicate all treatment team members.
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BACKGROUND: Litigation in Orthopaedic Surgery poses a significant financial challenge to healthcare systems. Orthopaedic-related claims accounted for 10.8% of the 10,900 total claims in the NHS in 2023/24, costing approximately £250 million. Yet, no extended analysis of Orthopaedic-related litigation trends has been conducted. This study examined NHS litigation data from 1996/97 to 2023/24 identifying trends, causes, and financial impact to provide actionable insights for improving clinical practice. METHODS: Orthopaedic-related claims data from NHS Resolution (NHSR; 1996/97–2023/24) were analysed under the Freedom of Information Act. The dataset, focused on closed claims with settlements, included causes, injury types, and payouts. Broader classifications were applied due to GDPR constraints. Non-parametric distributions were confirmed using the Shapiro-Wilk test. Subsequent analyses, using the Kruskal-Wallis tests, calculated significant differences between categories and across years. RESULTS: Between 1996/97 and 2023/24, 22,606 clinical negligence claims resulted in 14,702 settlements exceeding £2.2 billion, including £1.2 billion in damages. Musculoskeletal injuries were most frequent primary injuries (21%, £407.53 million), followed by unnecessary operations and postoperative pain (22%, £328.27 million). Neurological issues (8%) and poor outcomes (13%) accounted for £254.74 million and £129.14 million, respectively. Surgical errors (24%) caused the highest damages of the primary causes (£309.47 million), followed by failure or delayed treatment (23%, £277.02 million) and decision-making errors (22%, £287.57 million). Settlement values peaked in the early 2010s before declining, with significant differences in median claims, damages, and total payouts per annum (p < 0.001). CONCLUSION: Between 1996/97 and 2023/24, over £2.2 billion was paid in settlements, with £1.2 billion in damages. Musculoskeletal injuries, surgical errors, and delayed treatment were leading causes, highlighting persistent clinical challenges. Although claim volumes and payouts have declined since 2011/12, improved consent and multidisciplinary meetings may offer potential opportunities to enhance patient outcomes and reduce litigation against Orthopaedic Surgeons in the NHS.
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Medical malpractice contributes to an estimated $55.6 billion in overall medical liability system costs per year. The rise of medspas has resulted in an increase in complications and litigation. In this study, we identified all publicly indexed litigation against medical spas and medical spa practitioners using the Westlaw legal database and characterized trends in these findings. A retrospective analysis of litigation against medical spas and medical providers performing care at medical spas was performed. Cases were indexed from 2006 to 2024 using the Westlaw legal database. Case documents were reviewed for the following datapoints: Patient characteristics (age, sex), legal case characteristics (state in which litigation occurred, reason for litigation, outcome, monetary payments, expert witness involvement), and medical procedure characteristics (type of procedure, location on the body in which the procedure was performed, complication, credentials of person who performed the procedure). Twenty legal cases met inclusion criteria, ranging in date from May 2006 to October 2024. The average patient age was 36 years old (SD 12.570). All plaintiffs were listed as female (n=20). 4 cases sued only the medspas, 15 sued only a medical practitioner, and in one case both the practitioner and medspa were sued. Each of the 20 cases were decided by jury decision at trial. 7 cases were won by the defendants (35%), whereas the remaining 13 cases were won by the plaintiffs. The average jury award was $2,489,128.69. Our findings highlight the importance of properly managing patient expectations and thorough discourse regarding the risks of the procedure to better align patient presurgery expectations with the final result. Our findings also emphasize the positive impact that tighter regulation of medical spas will have on patient safety. Our data is limited by the small sample size that was indexed on Westlaw legal database and descriptive in nature, so future studies analyzing larger cohorts of data may provide additional data to further benefit patient safety.
The first defense against a medical malpractice lawsuit is avoiding the lawsuit altogether. The probability of being sued can be reduced through compassion and thorough attention to the patient. A proper response to an adverse event or bad result can be crucial to avoidance of later being sued. The content of the medical and hospital chart can support a defense or, at times, can imperil the defense of the physician being sued. Aggrieved patients can pursue multiple theories of liability against an obstetrician or gynecologist.
With an increasing number of surgical procedures, particularly due to the aging population, we are facing an increase in the number of total hip arthroplasty (THA) revisions and, consequently, conflicts between surgeons and patients. There are very little data specifically dedicated to THA revisions in the international literature. Therefore, we conducted a retrospective study to identify the most common causes of lawsuits following THA revision in France. We reviewed 263 consecutive complaint files following a THA first revision between 2010 and 2023 from the Cabinet Branchet (CB) database. Collected data included: nature of the pathology leading to the revision, time between revision and complaint, American Society of Anesthestiologists (ASA) score, age and sex of patients, any complications following the revision, nature of the procedure, attribution of responsibilities, and amount of poured compensation. These 263 procedures involved 256 patients, 144 men (56.2%) and 112 women (43.7%), with an average age of 61.4 years (27-92) and an average ASA score of 2. The clinical situations leading to THA revision, that eventually resulted in a patient complaint, were: aseptic loosening (70/263, 26.6%), Surgical Site Infection (SSI, 46, 17.5%), dislocation (32, 12.2%), or implant fracture (23, 8.7%). However, in 160 cases (61%), these are the complications following the revision surgery that led to the patient's complaint. These complications were: SSI in 52.5% of cases (93/177), neurological deficit in 12.4% of cases (22/177), death (17 patients, 9.6%), persistent pain (12, 6.7%), and leg length discrepancy (LLD, 11, 6.2%). The 263 final legal proceedings were distributed as follow: 137 in French Commission for Conciliation and Compensation for Medical Accidents (CCI, 52%), 97 in judicial court (36.9%), 26 amicable settlements (9.9%), and 3 others. In 192 cases (73%), the surgeon's legal responsibility was not retained. The average compensation amount was €60,000, and >€100,000 in 6 cases (2.3%). French orthopaedic surgeons are frequently sued. CB data indicates a frequency of one implication every 27 months, excluding the field of spine surgery. Some causes of revision seem to be less well tolerated by patients than others, such as implant fractures or LLD. Nevertheless, our study shows that SSIs are the main cause of litigation, accounting for 52.9% of cases (139/263), either as the primary cause or as secondary cause following complications after first revision surgery. Aseptic loosening, surgical site infection, recurrent dislocation, and implant fractures are the primary causes of complaints leading to a lawsuit after THA revision in France. These data must be communicated to orthopaedic surgeons to better guide preoperative inform consent discussions with their patients as the quality of preoperative information is often correlated with a favourable outcome following expert advice. IV; retrospective study.
Brain diseases may determine the development of focal neurological deficits and behavioral anomalies. In some cases, behavioral alterations may lead to illicit demeanours which, in turn, may have potential serious legal consequences as well. We report the case of a male gynecologist in his seventies sued by a young female patient for sexual violence. The man had no significant premorbid medical history and was a respected medical doctor with several decades of professional activity. Months after the sexual violence episode, he began to manifest symptoms indicative of cognitive impairment, which led to a neurological examination including a Magnetic Resonance Imaging (MRI) brain scan exam. Brain MRI revealed two frontal meningiomas with mass effects and vasogenic oedema on the surrounding brain parenchyma, for which the patient underwent a neurosurgical operation. Following surgery, partial improvement in selected cognitive and behavioral domains was observed, suggesting that the frontal lesions may have contributed significantly, though not exclusively, to the clinical picture. In light of this evidence, the question arises whether and to what extent the mental capacity of the subject at the time of sexual offense could have been compromised by the presence and location of the tumors, that is, as a potential "precipitating factor" impinging on a brain with underlying neurodegenerative and/or vascular lesions.