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Malpractice Litigation in Hand Surgery: A Comprehensive Nationwide Analysis.

Erica Umpierrez1, Erin Ohliger2, Joseph P Scollan2

  • 1Indiana Hand to Shoulder Center, Indianapolis, USA.

Hand (New York, N.Y.)
|March 15, 2021
PubMed
Summary

Malpractice claims against hand surgeons often stem from common procedures like carpal tunnel release and fracture treatment, with nerve injury being a frequent cause. Most cases favor the defense, but settlements can be substantial.

Keywords:
diagnosisnervenerve injuryoutcomespsychosocialresearch and health outcomesspecialtysurgery

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Area of Science:

  • Medical Malpractice Law
  • Orthopedic Surgery
  • Hand Surgery Litigation Trends

Background:

  • Limited literature exists on malpractice claims specifically targeting hand surgeons.
  • Understanding litigation circumstances is crucial for risk management in hand surgery.

Purpose of the Study:

  • To analyze national trends in malpractice litigation involving hand surgeons.
  • To identify common procedures, complications, and outcomes in hand surgery malpractice cases.

Main Methods:

  • Utilized the Westlaw legal research database to identify hand surgery malpractice cases from 1985 to 2017.
  • Recorded procedure types, complications, patient demographics, case outcomes, and financial settlements.
  • Adjusted all monetary values to 2017 U.S. dollars using the Consumer Price Index.

Main Results:

  • 171 cases across 35 states were analyzed.
  • Carpal tunnel release and fracture treatment were the most frequently litigated procedures.
  • Nerve injury (median, ulnar, radial) was the primary cause in nerve-related litigation, while malunion predominated in fracture cases.
  • 72.5% of cases favored the defense, 21.6% favored the plaintiff, and 5.9% were settled.
  • Indemnity payments ranged from $7,800 to $8.99 million, averaging $570,397 for plaintiff verdicts and $1,140,527 for settled cases.

Conclusions:

  • Malpractice litigation carries significant financial burdens for surgeons and the healthcare system.
  • Routine procedures, not complex ones, are more commonly litigated, possibly due to variations in surgeon training and subspecialization.
  • Findings highlight the need for improved risk management strategies in common hand surgery procedures.