Sexual dysfunction damages: A legal database review.

Area of Science:

• Urology
• Medical Malpractice Law
• Patient Safety

Background:

• Procedural medical specialties face higher malpractice claim rates than non-procedural ones.
• Previous research focused on common damages and malpractice lawsuits from specific procedures.
• This study analyzes urological interventions leading to sexual dysfunction (SD) claims.

Purpose of the Study:

• To analyze urological interventions that resulted in claims of sexual dysfunction (SD).
• To identify common damages and procedures linked to urological malpractice lawsuits alleging SD.

Main Methods:

• Searched the Casetext legal research platform for malpractice cases involving men's health procedures (1993-2020).
• Included 21 cases alleging SD caused by urological interventions, with clear legal outcomes.
• Analyzed cited damages and specific procedures involved in the litigation.

Main Results:

• Erectile dysfunction (ED) was the most frequent damage (33.3%), followed by genital pain syndrome (16.7%) and urinary incontinence (11.9%).
• Commonly cited procedures included urinary catheter placement/removal, robotic-assisted laparoscopic radical prostatectomy (RALP), circumcision, and penile implant surgery.
• The vast majority (90.4%) of cases favored the defendant urologist; two cases resulted in plaintiff victories, awarding $300,000 each.

Conclusions:

• The majority of urological malpractice suits alleging SD are decided in favor of the defendant urologist.
• Urinary catheter placement carries a litigation risk comparable to major surgical procedures like RALP.
• Enhanced preoperative patient counseling and postoperative care responsiveness may help mitigate litigation risks.