[Claims for damages as a result of bile-duct injury during (laparoscopic) cholecystectomy]
P R de Reuver1, E A J Rauws, J S Laméris
1Academisch Medisch Centrum/Universiteit van Amsterdam, Afd. Heelkunde, Amsterdam.
Objective:
To evaluate the frequency of claims for damages initiated by patients referred to a tertiary centre for the treatment of bile-duct injury after a (laparoscopic) cholecystectomy. To determine the relationship between patient characteristics and the initiation of a claim procedure.
Design:
Descriptive.
Method:
Between 1 January 1990 and 31 December 2005, 500 patients with a bile-duct injury were referred to the Academic Medical Centre, Amsterdam, 454 of whom in the period up to 31 December 2004. Of these, 403 received a mailed questionnaire about the initiation of legal claims for damages.
Results:
The questionnaire was completed and returned by 278 patients (69%), a representative cohort ofthe 500. Of these, 53 (19%) had submitted a claim for damages. The percentage of claims did not increase over the periods 1991-1995 (19%), 1996-2000 (18%) and 2001-2005 (20%). In the univariate analysis, factors associated with the initiation of a claim procedure were: younger age, the severity of the injury, surgical treatment, being employed at the time of the initial cholecystectomy, and having been placed on sick leave. A complete transection of the common bile duct was the only independent predictive factor for starting a claim procedure (odds ratio: 7.5; 95% CI: 1.9-30.6).
