A retrospective forensic analysis of medical malpractice allegations related to thoracic surgery in Türkiye

Medical malpractice refers to harm caused to patients during the delivery of healthcare services due to negligence, misapplication, or failure to provide appropriate treatment by healthcare professionals. In recent years, a notable increase in medical malpractice lawsuits has been observed both nationally and internationally. Surgeons, in particular, are more frequently subject to such lawsuits, as complex surgeries carry a higher risk of adverse effects and complications. Thoracic surgery ranks among the specialties with the highest number of malpractice claims. Understanding the causes and distribution of these lawsuits can contribute to the prevention of malpractice in this field.

We retrospectively evaluated 118 cases of alleged medical malpractice in thoracic surgery by the Council of Forensic Medicine. Data collected included sociodemographic characteristics, medical records, other healthcare professionals involved, the institutions and departments in question, relevant specialties, and causes of death, where applicable.

Of the 118 cases, 76 (64.4%) involved male patients and 42 (35.6%) female patients, with a mean age of 43.2±20.5 years. Tertiary healthcare institutions accounted for the majority of allegations (58.5%). Non-traumatic conditions were the reason for admission in 61 cases (51.7%), while traffic accidents were the most common trauma-related cause (25 cases, 43.9%). Medical malpractice was confirmed in 11 cases (9.3%), while six were considered assessable. Diagnostic errors were the most common stage at which malpractice occurred, identified in five cases (45.5%). Pneumothorax was the most frequent diagnosis (29 cases, 24.6%), and tube thoracostomy was the most commonly performed surgical procedure (31 cases, 26.2%). Medical malpractice was identified in 3 out of 6 cases (50%) managed in outpatient clinics. Among the three cases involving procedural misconduct, malpractice was confirmed in two (66.6%).

This study is the first in the literature to specifically analyze medical malpractice cases related to thoracic surgery. In specialties where complex procedures are common, such as thoracic surgery, malpractice allegations may arise not only from surgical interventions but also from diagnostic and follow-up processes. To reduce the risk of malpractice lawsuits, it is essential to emphasize continuous education on current best practices, ensure thorough documentation, obtain informed consent, promote shared decision-making, and provide ongoing training for thoracic surgeons in both their professional duties and legal responsibilities.