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Medical Malpractice Claims in Thoracic Surgery From 1986 to 2024
Josep Arimany-Manso1,2,3, Josep Benet-Travé4, Laureano Molins5
1Professional Liability Service, Barcelona's College of Physicians, Barcelona, Spain.
Abstract:
Thoracic surgery-related malpractice claims recorded in Catalonia (Spain) were collected from the Council of Medical Associations of Catalonia (CCMC, 1986-2024) and the Catalan Health Service (CatSalut, 2017-2024) databases. Of a total of 15,696 claims, 56 (0.4%) corresponded to the field of thoracic surgery. Lung cancer (51.8%) and pneumothorax (8.9%) were the most common diagnoses. Death occurred in 18 patients (31.2%). In relation to the reasons of allegations, in one patient with lung cancer undergoing lobectomy who died in the postoperative period, this information was missing. In the remaining 55 patients, causes of allegations included incorrect treatment in 31 (56.4%), diagnostic error in 11 (20%), unexpected complication in 8 (14.5%), infection in 4 (7.3%), and insufficient follow-up in 1 (1.8%). Of the 43 claims with a closed status, malpractice was established in 11 cases, with compensation ranging from €2000 to €154,581.44. Malpractice claims in thoracic surgery predominantly involved elective oncological procedures.
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