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Malpractice Trends Involving Active Surveillance Across Cancers
Samuel Chang1, Timothy J Daskivich2,3, Missael Vasquez4
1Athene Law LLP, San Francisco, CA.
Annals of Surgery
|September 25, 2023
Summary
Active surveillance (AS) for low-risk cancers shows no successful malpractice litigation. Documented informed consent and adherence to the standard of care protect physicians from legal risks associated with AS.
Area of Science:
- Oncology
- Medical Law
Background:
- Active surveillance (AS) is a growing strategy for low-risk cancers.
- Fear of litigation due to missed diagnoses is a barrier to AS implementation.
- Data on malpractice trends for AS across cancer types are limited.
Purpose of the Study:
- To analyze malpractice trends associated with active surveillance (AS) across various cancer types.
- To assess the legal risks and precedents for physicians utilizing AS.
Main Methods:
- Searched legal databases (Westlaw Edge, LexisNexis Advance) from 1990-2022.
- Included malpractice cases involving AS for thyroid, prostate, kidney, breast cancer, and lymphoma.
- Compiled data on allegations, procedures, and case outcomes.
Main Results:
- Identified 5 prostate cancer cases related to AS; 2 dismissed for following standard of care.
- 3 cases alleged negligence for not recommending AS post-surgery complications; all favored physicians due to informed consent.
- No AS-related malpractice cases found for other cancer types.
Conclusions:
- No successful malpractice litigation for active surveillance in cancer identified to date.
- AS is a viable management option for appropriate low-risk cancers.
- Current legal precedent suggests no increased medicolegal risk for physicians using AS with informed consent.
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