Medical malpractice litigations after hair restoration surgery in the United States

Gong, Jung Ho; Kim, Daniel D.; Mehrzad, Raman

doi:10.1016/j.bjps.2022.06.097

Cited by 6 publications

(12 citation statements)

References 3 publications

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“…The Westlaw data have widely been used in the medicolegal literature in plastic surgery. 15,[17][18][19][20] Since the data source is publicly available under subscription, approval from the institutional review board was not needed for this study.…”

Section: Methodsmentioning

confidence: 99%

“Factors Associated with Court Outcomes of Medical Malpractice Litigations involving Breast Reductions: 1990-2020”

Gong

Kim

King

et al. 2023

Plastic &Amp; Reconstructive Surgery

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edical malpractice litigations are common in the United States. Physicians face a 7.4% risk of being sued for malpractice. 1 Fifteen percent of plastic surgeons may have a malpractice lawsuit filed against them each year. 2 Surgical negligence, defined as failure to provide standard of care expected from the surgeon, is a key principle in the plastic surgery malpractice industry. 2,3 The U.S. legal system seeks to prevent malpractice by monetarily penalizing negligent providers and rewarding injured plaintiffs. 3 Thus, it is important to differentiate negligence from adverse events (eg, injuries inherent in medicine), 3 which are discussed with patients during the informed consent process. Most malpractice litigations are ruled in favor of defendants, but the process of lawsuit can be psychologically and financially demanding regardless of the case result. 1,2 Physicians devoting time and money to defend themselves in the court may compromise patient care. 4 Malpractice litigations can contribute to physician burnout and job dissatisfaction as well. 5 Thus, understanding factors associated Background: Up to 7.4% of physicians in the United States face the risk of undergoing medical malpractice litigation each year. Breast reduction operations are performed often, but specific factors of breast reduction malpractice litigation associated with the outcome and indemnity payments to plaintiffs are unknown. Methods: Using the Westlaw legal database, the authors analyzed plaintiff and defendant characteristics, alleged reasons for malpractice, case outcomes, and payments to plaintiffs among medical malpractice lawsuits involving breast reductions with final jury verdicts or settlements, using logistic regressions. Results: Ninety-six malpractice litigations with jury verdicts or settlements involving breast reduction operations between 1990 and 2020 met the authors' inclusion/exclusion criteria. The average reported plaintiff age was 39 ± 15 years. A total of 28% ± 29.2%, 48% ± 50.0%, and 20% ± 20.8% cases occurred in the 1990 to 1999, 2000 to 2009, and 2010 to 2020 periods, respectively; 15% ± 15.6% of cases were held in New York. Most cases were in favor of defendants [n = 65 (67.7%)]. Among 14 cases (14.6%) with nipple malpositioning as a sustained injury, eight of them (57.1%) were ruled in favor of plaintiffs. Nipple malpositioning had increased odds of plaintiff verdict or settlement versus defendant verdict (OR, 1.

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Section: Methodsmentioning

confidence: 99%

“Factors Associated with Court Outcomes of Medical Malpractice Litigations involving Breast Reductions: 1990-2020”

Gong

Kim

King

et al. 2023

Plastic &Amp; Reconstructive Surgery

Self Cite

View full text Add to dashboard Cite

show abstract

“…2 Furthermore, a plastic surgeon is twice as likely to be involved in at least one malpractice suit annually than other physician (13%-15% vs 7%). [3][4][5][6][7][8] Over half of malpractice claims end in litigation, which has a significant impact on physicians and the U.S. healthcare system. 2 Medical malpractice litigation costs more than $55 billion annually and involves 75% to 99% of all physicians over the course of their careers.…”

Section: Introductionmentioning

confidence: 99%

“…2,3 However, there is still significant economical and psychological stress for physicians that occurs because of being involved in litigation. 3 There are studies in the literature that discuss medical malpractice in plastic surgery of the face, however it is sparse, and the existing data on facial trauma is even more so. 5 Additionally, there is not comprehensive analysis of malpractice cases specifically involving fractures of the mandible.…”

Section: Introductionmentioning

confidence: 99%

“…11 Studies have found that approximately 80% of litigated cases resolve in favor of the defendant. 2,3 However, there is still significant economical and psychological stress for physicians that occurs because of being involved in litigation. 3 There are studies in the literature that discuss medical malpractice in plastic surgery of the face, however it is sparse, and the existing data on facial trauma is even more so.…”

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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An Analysis of Medical Malpractice Litigation Involving Mandibular Fractures

Brozynski,

Seyidova,

Oleru

et al. 2023

FACE

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Background: With an increase in medical litigation, fractures of the mandible are not an uncommon source of legal action. The present study sought to conduct a comprehensive analysis of mandibular fracture malpractice cases. Specifically, the aim was to focus on the reasons a suit is brought, the outcomes, and the compensatory damages of litigation. The information is valuable to physicians as it may serve to minimize the risk of malpractice suits. Methods: The Westlaw and Lexis Nexis databases were searched for jury verdicts and settlements related to mandibular fracture malpractice lawsuits. Cases that did not meet the inclusion criteria, duplicate cases, and those for which enough information was not available were excluded. The data included reasons, outcomes, and monetary outcomes of litigations, as well as defendant specialty, location, year, and plaintiff demographics. Results: A total of 55 included cases spanned between 1970 and 2019. Of these, the most common reason a suit was brought included the defendant’s failure to make the diagnosis, which was noted in 27%. In 71% of the cases, the defendant was a surgeon; with 25% of these cases involving a plastic surgeon. Cases were resolved in favor of the defendant 51% of the time. Regarding outcome, 53% had a monetary outcome of $0. Conclusions: Although a slight majority of cases (51%) resulted in an outcome favoring the defendant, significant monetary consequences against the defendant were possible in cases when the plaintiff prevailed. Since failure to diagnose was the most common reason for a plaintiff to pursue litigation, physicians should thoroughly evaluate patients with suspected mandibular fractures to avoid litigation.

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Litigation in gender affirming surgery: Reviewing five decades of the medical malpractice landscape

Brozynski,

Oleru,

Seyidova

et al. 2024

Journal of Plastic, Reconstructive & Aesthetic Surgery

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Medical malpractice litigations after hair restoration surgery in the United States

Cited by 6 publications

References 3 publications

“Factors Associated with Court Outcomes of Medical Malpractice Litigations involving Breast Reductions: 1990-2020”

“Factors Associated with Court Outcomes of Medical Malpractice Litigations involving Breast Reductions: 1990-2020”

An Analysis of Medical Malpractice Litigation Involving Mandibular Fractures

Litigation in gender affirming surgery: Reviewing five decades of the medical malpractice landscape

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