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Litigation in Hand Surgery: A 30-Year Review
Sarah E Sasor1, Kevin C Chung1
1From the Department of Plastic Surgery, Medical College of Wisconsin; and the Section of Plastic Surgery, University of Michigan.
Plastic and Reconstructive Surgery
|June 27, 2020
Summary
Malpractice claims in hand surgery often stem from diagnostic errors and surgical negligence. Surgeons without hand subspecialty certification faced more litigation, highlighting the importance of specialized training to reduce patient compensation claims.
Area of Science:
- Hand surgery outcomes
- Medical malpractice litigation
- Patient compensation claims
Background:
- Hand surgery is generally safe, but complications can lead to malpractice claims.
- Understanding reasons for litigation is crucial for improving patient care and reducing legal disputes.
Purpose of the Study:
- To analyze malpractice claims in hand surgery over 30 years.
- To identify common diagnoses, reasons for litigation, and predictors of claim outcomes.
- To assess the impact of surgeon subspecialty certification on litigation risk.
Main Methods:
- A national dataset of hand surgery malpractice cases from 1989-2018 was queried.
- Jury verdicts and settlements were reviewed for relevant variables.
- Data analyzed included plaintiff/defendant demographics, diagnoses, alleged malpractice reasons, verdicts, and payouts.
Main Results:
- 430 claims identified; common diagnoses included distal radius fractures, carpal tunnel syndrome, and tendon lacerations.
- Alleged malpractice reasons: failure to diagnose/treat (34%), surgical negligence (29%), improper procedure (19%).
- Cases involving non-subspecialized surgeons were more likely to result in plaintiff verdicts (27% vs. 7%, p=0.003).
Conclusions:
- Timely diagnosis, expectation management, and procedural accuracy are key to reducing hand surgery litigation.
- Hand subspecialty certification may be associated with a lower risk of malpractice claims.
- Analysis of malpractice claims provides insights into improving patient safety and surgical practice.
