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Medical malpractice litigations involving aortic dissection.

Ashwin Palaniappan1, Frank Sellke2

  • 1Alpert Medical School, Brown University, Providence, RI.

The Journal of Thoracic and Cardiovascular Surgery
|November 24, 2020
PubMed
Summary

Medical malpractice lawsuits for aortic dissection often cite failure to diagnose. While defendant verdicts were common, plaintiff verdicts were associated with failure to diagnose, highlighting diagnostic challenges in aortic dissection cases.

Keywords:
aortic dissectioncardiothoracic surgerymedical malpractice

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Area of Science:

  • Medical Law and Ethics
  • Cardiovascular Surgery
  • Medical Malpractice

Background:

  • Medical malpractice litigation occurs when patient care falls below expected standards.
  • Aortic dissection is a critical condition frequently misdiagnosed, leading to adverse outcomes.
  • Understanding litigation trends is crucial for improving patient safety and legal outcomes.

Purpose of the Study:

  • To analyze trends in medical malpractice litigations related to aortic dissection.
  • To investigate the underlying causes (etiology) of these litigations.
  • To identify factors predicting the verdict in aortic dissection malpractice cases.

Main Methods:

  • A comprehensive search of the Westlaw legal database was conducted for cases from 1994 to 2019.
  • Litigations were screened for inclusion, and data on patients, litigation, verdicts, and outcomes were compiled.
  • The Fisher exact test was employed to assess the statistical significance of associations between parameters and verdict types.

Main Results:

  • Of 135 included litigations, 57% resulted in defendant verdicts, 20% in plaintiff verdicts, and 23% in settlements.
  • Failure to diagnose was the most common claim (64%), significantly associated with plaintiff verdicts.
  • Patient mortality correlated with lower average awards and settlements compared to surviving patients.

Conclusions:

  • Plaintiffs frequently alleged failures in timely diagnosis, ordering, and interpreting diagnostic tests.
  • The high rate of defendant verdicts suggests that established standards of care are often met.
  • Key factors associated with verdicts included alleged failures in testing, referral, consultation, and diagnosis.