Medical Malpractice in Hip and Knee Arthroplasty

Upadhyay, Ashish; York, Sally; Macaulay, William; McGrory, Brian J.; Robbennolt, Jennifer K.; Bal, B. Sonny

doi:10.1016/j.arth.2007.05.003

Cited by 119 publications

(76 citation statements)

References 20 publications

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“…It is difficult to compare the present data with other studies because our Table 2. Self-reported nature of claims in which AAHKS members have been named as malpractice defendant [25] Nature of claim Number of claims Nerve injury after total joint procedure 64…”

Section: Discussionmentioning

confidence: 99%

“…We surveyed all 749 active members of the American Association of Hip and Knee Surgeons (AAHKS) using a questionnaire developed with the Research and Legal Committees of this professional body [25]. AAHKS promotes education, research, and advocacy related to the health and disorders of the hip and knee and is comprised of members who devote at least 50% of their practice to adult hip and knee arthroplasty.…”

Section: Methodsmentioning

confidence: 99%

“…The demographic characteristics of two groups (those reporting one or more of the previously reported claims for AAHKS members (Table 2) [25] and those reporting no claims) were compared to investigate the theory that factors such as practice setting and size, fellowship training, years in practice, volume, and location of practice correlate with malpractice risk (Table 3).…”

Section: Methodsmentioning

confidence: 99%

“…When analyzed by specialty, neurosurgery, orthopaedic surgery, and obstetrics have the highest reported claim rates [23], although actual claims data to support this contention are difficult to identify and obtain. When orthopaedic adult reconstruction surgeons were asked about their experience with malpractice claims, over 75% reported they had been sued [25]. If this number is divided by years in practice, the rate is more than twice the annual estimate for all physicians [5,21] and three times as high in the first decade of practice.…”

Section: Total 490mentioning

confidence: 99%

“…Improper performance of a surgical procedure and diagnosis error resulted in the majority of paid claims. Upadhyay et al [25] investigated malpractice experiences of adult reconstruction surgeons and reported 78% of responding surgeons had been named as a defendant in at least one lawsuit alleging medical malpractice. They did not report the possible contribution of demographic factors.…”

Section: Introductionmentioning

confidence: 99%

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Surgeon Demographics and Medical Malpractice in Adult Reconstruction

McGrory

Bal

York

et al. 2009

Clinical Orthopaedics &Amp; Related Research

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Orthopaedic adult reconstruction subspecialists are sued for alleged medical malpractice at a rate over twice that of the physician population as a whole, and the rate appears disproportionately high in the first decade of practice. The overall risk of a malpractice claim is related to years spent in practice. After 30 years in an adult reconstruction practice, the cumulative rate of being sued at least once is over 90%. Previous investigations suggest factors such as practice setting and size, fellowship training, years in practice, volume, and location of practice correlate with malpractice risk. In contrast, we were unable to identify any relationship between the type, size, or location of practice, fellowship training, or surgery volume and the risk of an adult reconstruction surgeon being named as a defendant in a malpractice suit. Level of Evidence: Level V, economic and decision analysis. See the Guidelines for Authors for a complete description of levels of evidence.

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Section: Discussionmentioning

confidence: 99%

Section: Methodsmentioning

confidence: 99%

Section: Methodsmentioning

confidence: 99%

Section: Total 490mentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Surgeon Demographics and Medical Malpractice in Adult Reconstruction

McGrory

Bal

York

et al. 2009

Clinical Orthopaedics &Amp; Related Research

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The evaluation of malpractice cases arising from aesthetic intervention in Turkey based on Supreme Court case law

Balçik

Çakmak

2018

Health Planning & Management

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SummaryAimThe aim of this study is to evaluate medical malpractice cases arising from aesthetic services based on the decisions of the Supreme Court.Material and methodsIn the study, compensation and criminal lawsuits finalized by the civil and penal courts of the Supreme Court were examined retrospectively. All the case law decisions were obtained from the official website of the Supreme Court: www.yargitay.gov.tr. Nine hundred and eighty‐one decisions were obtained after performing a keyword search in the website; after duplicates and unrelated cases were removed, 81 decisions (N = 81) were evaluated.ResultsThe analysis showed that lawsuits related to medical malpractice involving aesthetic interventions are mostly finalized by the civil courts, which decide claims for compensation. Malpractice primarily occurred in private hospitals and beauty centers, and operations were found to be commonly performed by physicians and beauty experts. Malpractice cases were found to be mostly caused by poor medical intervention, a lack of attention/care, and faulty/incorrect treatment. The average compensation amount provided by the civil courts is 55 558 ± 50 014 TL (14 209 ± 12 318 USD).ConclusionOn the basis of these results, it is recommended that the awareness and training level of healthcare personnel should be increased, and precautions should be taken at both the institutional and the national levels.

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