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Litigation involving pediatric surgical conditions
Barrie S Rich1, Kevin Shelton2, Richard D Glick1
1Zucker School of Medicine at Hofstra/Northwell, Hempstead, NY 11375; Division of Pediatric Surgery, Cohen Children's Medical Center, New Hyde Park, NY.
Journal of Pediatric Surgery
|October 3, 2019
Summary
Pediatric surgical malpractice cases often involve appendicitis and circumcision, frequently stemming from delayed diagnoses or technical issues. Understanding these trends can improve patient safety and communication.
Area of Science:
- Pediatric Surgery
- Medical Malpractice Law
- Healthcare Quality Improvement
Background:
- Malpractice litigation involving pediatric surgeons is a significant concern with limited data.
- Understanding national litigation trends is crucial for improving pediatric surgical care.
Purpose of the Study:
- To investigate national malpractice litigation trends concerning pediatric surgical conditions.
- To identify common diagnoses, procedures, allegations, and outcomes in pediatric surgical malpractice cases.
Main Methods:
- A comprehensive search of the WestlawNext database was conducted for malpractice cases involving pediatric surgical conditions (patients aged 18 or younger).
- Cases were included if they named a care provider or health center, with data collected on diagnoses, procedures, allegations, and outcomes.
- Analysis spanned cases from 1965 to 2017 across 40 states.
Main Results:
- Of 4754 cases reviewed, 170 met inclusion criteria. Appendicitis and circumcision accounted for nearly a third of cases.
- Common allegations included delayed/missed diagnoses (45.9%), technical concerns (35.9%), and mortality (26.5%).
- Surgeon-involved cases most frequently alleged technical complications (49.1%), while non-surgeon cases often involved delayed diagnoses (78.3%).
Conclusions:
- Pediatric surgical malpractice litigation is diverse, with appendicitis and circumcision being prominent diagnoses.
- Insights from litigation trends can guide quality improvement initiatives and enhance communication with families.
- Further analysis can inform strategies to mitigate risks and improve patient safety in pediatric surgery.
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