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Medical Malpractice and Nephrolithiasis: U.S. Appellate Cases from 2001 to 2018.
Brandon S Childs1, Peter L Steinberg2
1Lahey Hospital and Medical Center, Boston, Massachusetts.
Urology Practice
|May 5, 2023
Summary
Medical malpractice cases involving kidney stones (nephrolithiasis) predominantly favor defendants, with treatment errors more common than diagnostic ones. Though rare, payouts for kidney stone lawsuits averaged over $1 million.
Area of Science:
- Urology
- Medical Law
- Litigation Analysis
Background:
- Nephrolithiasis (kidney stones) is a frequent cause of litigation in urology.
- Analysis of US medical malpractice appeals court cases from 2001-2018 provides insight into litigation causes and outcomes.
Purpose of the Study:
- To analyze the causes and outcomes of medical malpractice cases concerning kidney stones.
- To identify trends in physician negligence and monetary awards in nephrolithiasis litigation.
Main Methods:
- Searched LexisNexis for "kidney stone/nephrolithiasis" and "malpractice" (2001-2018).
- Compiled and analyzed case data including parties, outcomes, alleged negligence, and financial awards.
Main Results:
- 33 cases met criteria; urologists were defendants in 57%, hospitals in 64%.
- Treatment errors (91%) were more cited than diagnostic errors.
- Defendants prevailed in 63% of cases; 4 trials resulted in payouts averaging $1,075,439.
Conclusions:
- Most nephrolithiasis malpractice suits favor the defendant (urologist, physician, or hospital), even on appeal.
- Treatment errors are the primary focus of litigation, not diagnostic errors.
- While plaintiff payouts are infrequent, awarded sums are substantial, averaging over $1 million.
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