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Analysis of Reasons for Medical Malpractice Litigation Following Arthroscopic Surgery
Kai Nguyen1, Ethan Vyhmeister, Zachary Brandt
1From the School of Medicine, Loma Linda University, Loma Linda, CA (Nguyen, Vyhmeister, Brandt), and the Department of Orthopedics, Kaiser Permanente, Panorama City, CA (Essilfie).
Purpose:
The primary aim of this study was to identify and characterize medical malpractice lawsuits following arthroscopic surgery.
Methods:
Two large medicolegal databases-Westlaw Edge and VerdictSearch-were queried using the term "arthroscopy." Cases were reviewed and classified according to the nature of the plaintiff's complaint. Cases were only included if the primary basis of litigation rested on a malpractice claim related to arthroscopy. Data collected included reason for litigation, verdict ruling, location, monetary award, and joint involved. Pearson chi-squared test was used to assess associations between the variables.
Results:
After review of 11,006 cases, 271 were identified as malpractice claims following arthroscopy. The most common reasons for litigation were perioperative complications (n = 120), delayed or denied treatment (n = 70), poor postoperative management (n = 32), inadequate informed consent (n = 22), contraindicated procedure (n = 19), and gross negligence (n = 8). More than 90% of the identified cases involved arthroscopy of the knee or shoulder, with cases involving the shoulder significantly more likely to result in a plaintiff verdict or settlement than a defendant verdict compared with cases involving the knee ( P = 0.013). Regarding the verdict ruling, 71.8% (n = 140) of cases ruled in favor of the defendant, 17.9% (n = 35) ruled in favor of the plaintiff, 0.5% (n = 1) resulted in a mixed ruling, and 9.8% (n = 19) resulted in an out-of-court settlement. An average payment of $842,834 ± $958,549 resulted from cases that resulted in either a plaintiff ruling or out-of-court settlement.
Conclusion:
This study describes several common reasons for malpractice lawsuits following arthroscopy. The study findings suggest that timeliness of diagnosis and surgical referral, coordination of care, and understanding of the indications versus limitations of conservative therapy are key factors frequently implicated in malpractice lawsuits following arthroscopic surgery.
