Civil medical liability in general surgery: A systematic review
Ioannis Ketsekioulafis1, Konstantinos Katsos1, Christoforos Kolentinis2
1Department of Forensic Medicine and Toxicology, School of Medicine, National and Kapodistrian University of Athens, Athens, Greece.
Surgery Open Science
|June 1, 2026
Summary
Civil medical liability in general surgery often involves common procedures. Key causes include surgical errors and poor communication, impacting patient safety and defensive medicine practices.
Area of Science:
- Medical Law
- Surgical Practice
- Patient Safety
Background:
- Civil medical liability is a significant concern in modern surgery.
- It impacts the doctor-patient relationship and increases defensive medicine.
- General surgery faces higher legal claim risks due to its invasive nature.
Purpose of the Study:
- To systematically review international literature on general surgeons' civil medical liability.
- To identify common procedures, causes of lawsuits, and compensation amounts.
- To understand factors influencing legal claims in general surgery.
Main Methods:
- Systematic literature search of PubMed and Scopus.
- Adherence to PRISMA guidelines, with no geographical restrictions.
- Inclusion of 41 English-language studies after rigorous evaluation.
Main Results:
- Commonly litigated procedures include cholecystectomy, hernia repair, thyroidectomy, and bariatric surgery.
- Compensation varies globally, with highest amounts for permanent injury or death.
- Primary causes: surgical errors, diagnostic delays, missed complications, and inadequate consent.
Conclusions:
- Medical liability in general surgery is multifactorial.
- Effective complication management and patient communication are crucial.
- Understanding claim factors can enhance patient safety and surgical care quality.