Medical Malpractice Litigation Following Spine Surgery in Beijing: The Past 6 Years.

Abstract

Background: Spine surgeons in particular face the most hostile liability environment among the surgical specialties. Systemic studies related to spine surgery litigation in China is absent. The aim of this study was to analyze the characteristics of medical malpractice litigation involving spine surgery in Beijing for the past 6 years.Methods: Two online legal databases, Wusong and Weike, were queried for court verdicts involving spine surgery from Jan 2013 to Dec 2018 in Beijing. For all included cases, data pertaining to defendants, plaintiffs, case outcomes, allegations, and verdicts were abstracted, and descriptive analyses were performed. Results: A total of 186 legal cases were examined, 122 cases were excluded due to irrelevance or insufficient information. Of the 64 cases included in this investigation, 40.6% of them were male. The mean age of the plaintiffs was 53.2 ± 18.6 years. The most common complaint addressed in this study is dissatisfaction with consent (53.1%, n=34), followed by additional surgery required (40.2%, n=26), unsatisfactory outcome to surgery (17.6%, n=11), postoperative paralysis (15.6%, n=10) and postoperative infection (15.6%, n=10). The most common primary disease among all the cases is lumbar spinal stenosis (28.1%, n=18), followed by spinal tumor (18.8%, n=12), cervical spondylosis (17.2%, n=11), vertebral fracture (14.1%, n=9), deformity (12.5%, n=8) and others (9.3%, n=6). Spine surgeons successfully defended themselves in 13 cases (20.3%), which resulted in no indemnity payment. The rest 51 cases (79.7%) were closed with an average verdict payout of 155,562 Yuan, which was significant lower than the average compensation claimed by the plaintiff (783,172 Yuan) (p < 0.05). Conclusions: Identifying the most common reasons for litigation and summarizing their characteristics may help decrease litigation rate and improve the patient experience. Further investigations with larger sample size and more complete database are needed.

Investigating the uses of mobile phone evidence in China criminal proceedings

“…Owing to the large sample size, this study employed Python scripts (3.8.5) to read those judgement files with PyCharm (Edition 2020.2.1). To replicate as closely as possible the mechanism of how humans read, to re-articulate the content in the script, and deal with the format in which judgement files are normally recorded, the script to identify certain sections of the files (including the introduction, evidence, sentencing) was written based on the common framework and expressions frequently used by and taught to practitioners [34]. Although the manual by Hu [34] suggested many formal phrases to introduce each section of a judgement file, there were many variations in the actual wording.…”