Medical Malpractice Lawsuits Involving Surgical Residents

Abstract

This review of malpractice cases involving surgical residents highlights the importance of perioperative management, particularly among junior residents, and the importance of appropriate supervision by attending physicians as targets for education on litigation prevention.

Residents' Ratings of Their Clinical Supervision and Their Self-Reported Medical Errors: Analysis of Data From 2009

“…While trainees often deem added faculty supervision unnecessary, 24 studies of closed malpractice claims have consistently implicated inadequate supervision. 25,26 We found a concerning association between residents who reported a lack of adequate supervision more than once per month and a higher rate of self-reported errors attributed to the lack of supervision.…”

The hidden curriculum: requiem for a surgical dream

“…A total of 42 cases (48%) resulted in a jury verdict or settlement in favour of the plaintiff, with a median payout of US$900 000 (range, US$1852 to US$32 million). In addition to the high settlement figures, the prolonged duration from incident to closure (median 4 years) likely profoundly affected the trainees at their career start, highlighting the importance of perioperative management, and appropriate supervision as a target for litigation prevention education, notwithstanding the benefits to the healthcare system, and most importantly the patient 5. To err is human and mistakes are not the sole preserve of junior doctors, but befall senior doctors, and indeed the full spectrum of the multidisciplinary workforce.…”

How to Deliver Safer and Effective Patient Care: Tips for Team Leaders and Educators

“…Twelve percent of cases cited a failure of evaluation of the patient by the trainee and 55% were related to lack of attending supervision. 10 A well-designed and implemented supervision policy can help attendings and fellows to practice safely together.…”