Reported Litigation Associated With Primary Hip and Knee Arthroplasty

Area of Science:

• Orthopedic surgery
• Medical malpractice law
• Litigation analysis

Background:

• Over 75% of arthroplasty surgeons experience malpractice lawsuits.
• Limited research exists on the specific causes of litigation after total joint arthroplasty in the US.

Purpose of the Study:

• To analyze the causes and outcomes of malpractice lawsuits following total hip and knee arthroplasty.
• To identify factors influencing litigation success and financial awards for physicians.

Main Methods:

• Retrospective analysis of 213 malpractice lawsuits (hip and knee arthroplasty) from February 1988 to May 2015.
• Utilized VerdictSearch database for case data.
• Categorized complications and assessed patient, surgeon, and lawsuit factors; adjusted monetary awards for inflation.

Main Results:

• 29.6% of cases resulted in a verdict for the plaintiff (physician loss).
• Average payment for physician losses ($1,929,822) significantly exceeded settlements ($555,347).
• Nerve injury was the most common hip arthroplasty complication leading to litigation (53.9% physician loss rate); pain/weakness was most common for knee (6.3% physician loss rate). Technical complications were most likely to result in physician loss (P=.019).

Conclusions:

• While 'pain and weakness' complications have lower litigation success rates for patients, objective technical issues or nerve injuries increase physician loss risk and payment amounts.
• Identifying and mitigating technical complications and nerve injuries is crucial for reducing malpractice litigation in arthroplasty.