Analysis of Medical Malpractice Outcomes for Sports Orthopedic Procedures

Abstract

Orthopedic sports medicine surgeons are especially vulnerable to litigation, largely because of high patient expectations in the setting of complex surgeries. Understanding the factors associated with litigation may reduce physician risk as well as optimize patient satisfaction and outcomes. We used a national medicolegal database to search for medical malpractice verdicts and out-of-court settlements involving common sports injuries and their surgical management between January 1, 2000, and January 1, 2018. Univariate analysis was performed to identify predictors of case outcome and monetary awards. We identified 777 cases, but only 328 met the inclusion criteria. Of the 328 cases included in our study, 231 (70.4%) resulted in a defendant verdict, 75 (22.9%) resulted in a plaintiff verdict, and 22 (6.7%) resulted in a settlement. The most common reason for litigation was intraoperative error (183 cases, 55.8%). No statistically significant difference was found between monetary awards for plaintiff verdicts vs settlements (mean award of $1.29 million and $0.72 million, respectively, P =.07). Cases in which the plaintiff claimed neurovascular injury were significantly more likely to result in a higher monetary award (mean award of $2.37 million, P =.02). Cases involving an incorrect surgical site were significantly less likely to result in a defendant outcome, with 7 of 12 cases (58.3%) leading to a plaintiff outcome ( P =.047). With more than two-thirds of cases resulting in a defendant verdict, many suits result in a favorable outcome for practitioners. Intraoperative error is the most common reason for litigation, and neurovascular injury resulted in the highest monetary payouts. Vigilance to avoid these events may improve patient outcomes and decrease liability to practitioners. [ Orthopedics . 2022;45(1):e47–e52.]

Litigation involving patients with slipped capital femoral epiphysis

“…This study was designed to locate and analyze cases involving litigation and SCFE in the US. Most studies of malpractice litigation in orthopedic surgery have used only one database: Westlaw, [12][13][14][15][18][19][20]24,29 VerdictSearch, 11,21 or the Medical Liability Association Data Sharing Project. 16 In this study we used several legal case databases, including the Westlaw, VerdictSearch®, MoreLaw, Lexis Jury Verdict, Nexis Uni®, and Google Scholar, allowing us to find as many reported cases as possible.…”

“…When health care providers think of litigation, it is often in the context of professional liability, also known as medical malpractice. Orthopaedic surgeons are acutely aware of malpractice litigation, [10][11][12][13][14][15][16][17][18][19][20][21] experiencing a 14% annual rate of litigation compared to the overall US national physician rate of 7%. 22 Other specialties involved in the care of children with SCFE include emergency medicine, diagnostic radiology, family practice, and pediatrics.…”