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Updated: Jan 26, 2026

Fracture Apparatus Design and Protocol Optimization for Closed-stabilized Fractures in Rodents
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Malpractice Litigation Following Traumatic Fracture.

Shaan A Ahmed1, Steven F DeFroda1, Syed J Naqvi1

  • 1Department of Orthopaedic Surgery, Warren Alpert Medical School of Brown University, Providence, Rhode Island.

The Journal of Bone and Joint Surgery. American Volume
|April 5, 2019
PubMed
Summary
This summary is machine-generated.

Orthopaedic trauma litigation is common. Cases involving neurological deficits significantly increase the likelihood of a plaintiff verdict, with higher indemnity payments compared to settlements.

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Area of Science:

  • Orthopaedic surgery
  • Medical malpractice law
  • Trauma care

Background:

  • Adverse events and poor outcomes in orthopaedic trauma care frequently lead to litigation.
  • Factors influencing litigation outcomes in fracture care have not been previously analyzed.

Purpose of the Study:

  • To evaluate factors associated with malpractice litigation outcomes in orthopaedic trauma cases.
  • To analyze the characteristics of fracture types, allegations, and legal decisions.

Main Methods:

  • Retrospective review of 201 fracture-related malpractice lawsuits from 1988 to 2015 using a medicolegal database.
  • Analysis of defendant/plaintiff characteristics, fracture types, allegations, and litigation outcomes.

Main Results:

  • The most common fractures litigated involved the radius, femur, tibia, and ulna.
  • 64.2% of cases resulted in a defense verdict, 20.4% in a plaintiff verdict, and 15.4% in a settlement.
  • Plaintiff verdicts averaged over $3.7 million, settlements averaged over $1 million, and cases with neurological deficits had a higher plaintiff success rate (52.8%).

Conclusions:

  • Indemnity payments for plaintiff verdicts significantly exceeded those for settlements ($2.5 million difference on average).
  • The presence of a neurological deficit in fracture cases was strongly associated with a greater likelihood of a favorable outcome for the plaintiff.