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Medicolegal Issues in Power Morcellation: Cautionary Rules for Gynecologists to Avoid Unfavorable Outcomes
Simona Zaami1, Errico Zupi1, Lucia Lazzeri1
1Department of Anatomical, Histological, Forensic and Orthopedic Sciences, Sapienza University of Rome, Rome (Drs. Zaami and Marinelli); Department of Molecular and Developmental Medicine, Obstetrics and Gynecological Clinic, University of Siena, Siena, (Drs. Zupi and Lazzeri), Italy; The New European Surgical Academy (NESA), Berlin, Germany (Dr. Stark); ELSAN Group Hospitals, Paris, France (Dr. Stark); International Translational Medicine and Biomodelling Research Group, Department of Applied Mathematics, Moscow Institute of Physics and Technology (State University), Moscow Region, Russia (Dr. Malvasi); Department of Obstetrics and Gynecology, Santa Maria Hospital, GVM Care and Research, Bari (Dr. Malvasi); Department of Obstetrics and Gynecology, Misericordia Hospital, Grosseto (Dr. Signore), Italy.
Abstract:
Power morcellation in laparoscopic surgery enables specialists to carry out minimally invasive procedures such as hysterectomies and myomectomies by cutting specimens into smaller pieces using a rotating blade and removing pieces through a laparoscope. Unexpected uterine sarcoma treated by surgery involving tumor disruption could be associated with poor prognosis. The current study aims to shed light on power morcellation from a medicolegal perspective: the procedure has resulted in adverse outcomes and litigation, and compensation for plaintiffs, as published in various journals cited in PubMed and MEDLINE, Cochrane Library, EMBASE, and GyneWeb. Considering the claims after the US Food and Drug Administration warnings on morcellation, the current study broadens the scope of research by including search engines, legal databases, and court filings (DeJure, Lexis Nexis, Justia, superior court of New Jersey, and US district court of Minnesota) between 1995 and 2019. Legal records show that courts determine professional responsibility regarding complications, making it essential to document adherence to safety protocols and specific guidelines, when available. Sound medical practices and clearly stated institute best practices result in better patient outcomes and are important when unfavorable clinical outcomes occur; adverse legal decisions can be avoided if there are grounds to prove professional conformity with specific guidelines and the unpredictability of an event.
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