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Litigation claims following laparoscopic and open inguinal hernia repairs
R Varley1,2, C Lo1, B Alkhaffaf3,4
1Department of General Surgery, Salford Royal Foundation Trust, Salford, Manchester, M6 8HD, UK.
Summary
Litigation for groin hernia repair is rising in the UK. While laparoscopic claims are increasing, open hernia repair claims still represent a greater volume and financial burden.
Area of Science:
- General Surgery
- Surgical Outcomes
- Medical Litigation
Background:
- Inguinal hernia repair is a common general surgical procedure in the UK.
- Complications associated with both laparoscopic and open hernia repair are known.
- Differences in litigation related to these surgical approaches require examination.
Purpose of the Study:
- To compare litigation trends and outcomes between laparoscopic and open inguinal hernia repair.
- To analyze the reasons for claims and associated financial costs for each surgical approach.
Main Methods:
- Analysis of administrative data from the NHS Litigation Authority.
- Inclusion of inguinal hernia-related claims from 1995 to 2016.
- Comparison of claims based on open versus laparoscopic surgical approaches.
Main Results:
- 880 claims were analyzed, with 760 settled. Claims favored claimants in 65% of laparoscopic and 63% of open cases.
- Total payouts were £4.1 million for laparoscopic and £9.4 million for open repairs.
- Common claims included visceral/vascular injury (laparoscopic) and testicular complications/chronic pain (open).
Conclusions:
- Litigation rates for inguinal hernia surgery in the UK are increasing.
- Laparoscopic hernia repair claims have seen a recent rise.
- However, open hernia repair procedures continue to generate a higher volume and greater burden of claims.
