Litigation Patterns in Inguinal Hernia Surgery: A 25 Year Review

Area of Science:

• Medical Law
• Surgical Outcomes
• Risk Management

Background:

• Inguinal herniorrhaphy is a common general surgery procedure.
• Risk factors for litigation in inguinal hernia repair are not well-defined.

Purpose of the Study:

• To identify risk factors and outcomes associated with medical malpractice litigation for inguinal hernia surgery.
• To analyze trends and case characteristics in hernia repair litigation.

Main Methods:

• A Westlaw database search identified 46 inguinal hernia repair malpractice cases from 1991-2016.
• Data compiled included patient demographics, operative details, injury nature, legal claims, verdicts, and awards.
• Statistical analysis examined associations between case outcomes and various factors.

Main Results:

• Most cases (67%) favored the defendant; only 21.7% resulted in plaintiff verdicts.
• Average awards for plaintiff verdicts or settlements were $1.21 million.
• Improper performance (76%) and failure of informed consent (30%) were primary legal arguments.
• Nerve/chronic pain (45%) and testicular damage (23%) were most common complications.
• No significant association found between case outcome and patient demographics, procedure type, or complication.

Conclusions:

• Successful litigation for inguinal hernia surgery is infrequent.
• Case outcomes are not reliably predicted by patient demographics, procedure type, or specific complications.
• Further research may clarify litigation risk factors.