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Malpractice claims associated with foot surgery.

Davis A Hartnett1, Steven F DeFroda1, Shaan A Ahmed1

  • 1Warren Alpert Medical School of Brown University, Providence, RI, USA.

Orthopedic Reviews
|May 12, 2020
PubMed
Summary
This summary is machine-generated.

Malpractice litigation in foot surgery primarily involves podiatrists and elective procedures, with persistent pain as a common complaint. Orthopedic surgeons face more urgent cases and complications, yet both specialties have similar litigation outcomes.

Keywords:
Footbunionectomymalpractice

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Area of Science:

  • Orthopedics
  • Medical Law
  • Podiatry

Background:

  • Foot surgery is a common orthopedic procedure performed by both orthopedic surgeons and podiatric physicians.
  • Limited research exists on the medicolegal aspects of foot surgery malpractice litigation across these specialties.

Purpose of the Study:

  • To investigate medical and legal factors in foot surgery malpractice litigation.
  • To analyze malpractice trends and outcomes for podiatrists and orthopedic surgeons.

Main Methods:

  • A legal database (VerdictSearch) was used to collect malpractice data from 2004 to 2017.
  • 72 cases involving foot surgery were analyzed, extracting physician specialty, procedure type, outcomes, verdicts, and payment amounts.

Main Results:

  • Podiatrists were involved in the majority of lawsuits (76.4%), predominantly for elective procedures with complaints of pain or deformity.
  • Orthopedic surgeons handled more urgent cases (45.5%) with higher surgical complication rates (27.3%).
  • Plaintiff victory rates and average payments were similar between podiatrists and orthopedic surgeons.

Conclusions:

  • Distinct trends exist in foot surgery malpractice cases between podiatrists and orthopedic surgeons.
  • Analysis suggests quality improvement targets and can aid in reducing malpractice risk and refining patient care, especially in pre-operative counseling.