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Related Experiment Videos

Trauma surgery malpractice risk: perception versus reality.

Ronald M Stewart1, Joe Johnston, Kathy Geoghegan

  • 1Department of Surgery, University of Texas Health Science Center at San Antonio University Hospital, San Antonio Texas 78229, USA. stewartr@uthscsa.edu

Annals of Surgery
|May 25, 2005
PubMed
Summary
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The malpractice lawsuit risk for trauma surgery is not higher than for elective or emergency surgery. These findings indicate that the actual risk of a malpractice lawsuit in trauma care is low.

Area of Science:

  • Medical Malpractice Law
  • Surgical Outcomes Research
  • Trauma Surgery

Background:

  • Surgeons often perceive higher malpractice risk in trauma care, influencing career choices and participation in trauma call.
  • Limited data exist to substantiate or refute the perceived high malpractice risk associated with trauma surgery.
  • This study investigated the hypothesis that malpractice risk is equivalent across elective, urgent/emergent non-trauma, and trauma surgical practices.

Purpose of the Study:

  • To compare the incidence and risk of malpractice lawsuits in trauma surgery versus emergency and elective surgery.
  • To provide empirical data on malpractice claims to address surgeon perceptions.
  • To inform surgical career choices and trauma care participation.

Main Methods:

Related Experiment Videos

  • Utilized three institutional databases: surgical operations, trauma registry, and risk management/malpractice.
  • Calculated malpractice claims incidence by dividing total lawsuits by total operative procedures over a 12-year period.
  • Categorized surgical risk groups into elective general surgery (ELECTIVE), urgent/emergent non-trauma general surgery (URGENT), and trauma surgery (TRAUMA).

    • Main Results:

    • A total of 21 lawsuits were filed out of 62,350 operations over 12 years.
    • Incidence rates per 100,000 procedures: ELECTIVE (3.0), URGENT (2.3), and TRAUMA (3.1).
    • The incidence of malpractice lawsuits for trauma patients evaluated was 0.34 per 100,000 patients/year.

    Conclusions:

    • Data show no increased risk of malpractice lawsuits when caring for trauma patients.
    • The actual incidence of malpractice lawsuits in trauma surgery is low.
    • Findings may help alleviate concerns regarding malpractice risk in trauma care.