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Malpractice against shoulder surgeons: what the data say.

Jeffrey C Lynch1, Tyler M Radack2, James F Stenson3

  • 1Department of Orthopaedic Surgery, Rowan University School of Osteopathic Medicine, Stratford, NJ, USA.

Journal of Shoulder and Elbow Surgery
|July 5, 2022
PubMed
Summary

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Manipulation Under Anesthesia (MUA) and lavage/washout procedures are significantly more likely to lead to medical malpractice claims than rotator cuff repair. Rotator cuff repair is among the least litigated shoulder surgeries.

Area of Science:

  • Orthopedic Surgery
  • Medical Malpractice Litigation
  • Surgical Outcomes Analysis

Background:

  • Orthopedic surgeons face numerous malpractice claims annually in the U.S.
  • Limited data exists on common litigation causes for shoulder surgeons.
  • The impact of surgical frequency on litigation risk is not well understood.

Purpose of the Study:

  • To identify the most frequent causes of medical malpractice litigation against U.S. shoulder surgeons.
  • To adjust litigation frequency based on the overall frequency of specific surgical procedures.
  • To compare litigation likelihood across different shoulder surgeries relative to rotator cuff repair.

Main Methods:

  • Utilized the VerdictSearch database with terms 'medical malpractice,' 'shoulder,' and 'NOT cancer.'
Keywords:
Shoulderindemnitylawsuitlitigationmalpracticeprocedure

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  • Included orthopedic shoulder surgery cases, gathering data on lawsuit causes, indemnity, procedure type, and outcomes.
  • Cross-referenced with an institutional database to determine procedure frequencies and adjusted litigation rates.

    • Main Results:

    • Manipulation Under Anesthesia (MUA) was 251 times more likely to be litigated than rotator cuff repair.
    • Lavage/washout procedures were 17 times more likely to be litigated.
    • Injection and total shoulder arthroplasty were less likely to be litigated compared to rotator cuff repair.

    Conclusions:

    • MUA and lavage/washout are significantly more litigious shoulder procedures relative to rotator cuff repair.
    • Rotator cuff repair is one of the least likely shoulder surgeries to result in litigation.
    • Settlement may offer a strategy to reduce indemnity payments in malpractice cases.