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Trends in joint arthroplasty litigation over five years: the British experience
M A Bhutta1, M S Arshad, S Hassan
1Royal Bolton Hospital, Bolton, UK. aqeelbhutta@hotmail.com
Introduction:
Increasing numbers of joint arthroplasty are performed in Britain. While associated complications are well documented, it is not known which of those initiate malpractice claims.
Method:
A five-year period was assessed for trends to highlight areas for further improvement in patient information and surgical management.
Results:
The National Health Service paid out almost £14 million for 598 claims. Forty per cent of this was for legal costs. The number of claims increased over time while the rate of successful claims decreased.
Conclusions:
A failure to consent adequately and to adhere to policies and standard practice can result in a successful malpractice claim. Protecting patients intraoperatively and maintaining high technical expertise while implementing policies and obtaining informed consent decreases the litigation burden.
