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Litigation Following Carpal Tunnel Release.

Nishant Ganesh Kumar1, Nicholas Hricz2, Brian C Drolet3

  • 11 University of Michigan, Ann Arbor, USA.

Hand (New York, N.Y.)
|March 14, 2018
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Carpal tunnel release (CTR) malpractice litigation is rare. Median nerve injury is the most common claim, and hand fellowship training may reduce malpractice risk.

Keywords:
carpal tunnel release surgeryfellowship trainingliabilitylitigation

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Area of Science:

  • Orthopedic Surgery
  • Medical Malpractice Law
  • Hand Surgery

Background:

  • Carpal tunnel release (CTR) is the most frequent hand surgery in the U.S.
  • While generally safe, complications can lead to malpractice claims.
  • Understanding litigation factors is crucial for patient safety and surgeon defense.

Purpose of the Study:

  • To analyze patient, procedure, and surgeon factors in carpal tunnel release malpractice litigation.
  • To identify common alleged liabilities and injuries leading to legal action.
  • To assess the impact of surgeon training on malpractice case outcomes.

Main Methods:

  • Searched the Westlaw legal database for carpal tunnel release malpractice cases with jury verdicts or settlements.
  • Included cases directly related to injuries sustained after carpal tunnel release.
  • Analyzed plaintiff demographics, surgeon training, alleged liability, injury types, outcomes, and financial awards.

Main Results:

  • Ninety-two cases were identified; most plaintiffs were female, and most defendants were orthopedic-trained surgeons.
  • Surgeons with hand fellowship training were involved in only 27% of cases and 19% of successful claims.
  • Median nerve injury was the most frequent claim (45%), leading to monetary awards in 41% of those cases.
  • Most cases (66%) favored the defendant; surgeon negligence was the primary allegation (75%).

Conclusions:

  • Carpal tunnel release is a generally safe procedure, but complications can occur.
  • Median nerve injury represents a significant risk factor for malpractice litigation following carpal tunnel release.
  • Specialized hand surgery training may be associated with a reduced risk of malpractice claims and successful litigation.