Civil medical liability in pediatric surgery: A systematic review of the literature

Civil medical liability is an important aspect of modern medical practice, especially in high-risk specialties such as pediatric surgery. The unique characteristics of pediatric surgical patients, diagnostic uncertainty, and the possibility of serious complications make the specialty vulnerable to legal claims. The purpose of this systematic review was to collect and synthesize available data on the civil medical liability of pediatric surgeons, with an emphasis on the most common causes of claims and compensation amounts, where reported.

A systematic search was performed in the PubMed and Scopus databases in accordance with the PRISMA 2020 guidelines. After removing duplicates, studies were initially evaluated at the title and abstract level using the Rayyan platform, and then at the full-text level. Finally, 6 studies were included.

The most common causes of claims were delayed or incorrect diagnosis, delayed treatment, technical or intraoperative errors, and postoperative complications or inadequate postoperative care. The available economic data were limited but showed that some cases were associated with a significant economic burden. Importantly, legal exposure was not confined to complex surgery but also involved routine, high-frequency conditions and procedures.

Civil medical liability in pediatric surgery is mainly related to diagnostic, temporal, technical, and postoperative failures. Understanding these patterns can help improve patient safety and reduce preventable errors.