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Malpractice litigation in the endovascular era.

Kenny Oh1, Goda Savulionyte1, Satish Muluk2

  • 1Division of Vascular Surgery, Temple University School of Medicine, Philadelphia, Pa.

Journal of Vascular Surgery
|February 7, 2018
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Summary
This summary is machine-generated.

Medical malpractice litigation involving endovascular procedures shows specialty-specific trends. Interventional cardiologists face the highest lawsuit rates, often for coronary interventions, while vascular surgeons have cases related to minor procedures.

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Area of Science:

  • Medical Law and Ethics
  • Vascular Surgery
  • Interventional Radiology
  • Interventional Cardiology

Background:

  • The standard of care for vascular disease is evolving with advancements in endovascular therapies.
  • The adaptation of medical malpractice litigation to the
  • endovascular era
  • remains unclear.

Purpose of the Study:

  • To comprehensively analyze malpractice litigation involving endovascular procedures performed by vascular surgeons (VSs), interventional radiologists (IRs), interventional cardiologists (ICs), and cardiothoracic surgeons (CTSs).
  • To identify trends and differences in litigation across these specialties.

Main Methods:

  • Retrospective review of US legal databases (LexisNexis, Westlaw) for cases up to 2016.
  • Keywords included "malpractice," "vascular," "endovascular," and specific procedure terms.
  • Cases were analyzed using χ2 test, excluding non-malpractice disputes.

Main Results:

  • 369 cases were analyzed; Interventional Cardiologists (ICs) had the highest lawsuit rate (105.56 per 1000 physicians), primarily for coronary interventions (93%).
  • Vascular Surgeon (VS) cases often involved diagnostic angiography and IVC filter placement (46%).
  • Overall, 83% of verdicts favored defendants; allegations varied significantly by specialty, with informed consent/preprocedure negligence common for VSs and cardiothoracic surgeons (CTSs), and intraprocedure negligence for IRs.

Conclusions:

  • Significant interspecialty differences exist in malpractice allegations for endovascular procedures.
  • Clinicians should be aware of legal considerations as endovascular procedures expand.
  • A large proportion of VS malpractice cases involved seemingly minor procedures, and most IC cases were coronary-related.