Procedimientos quirúrgicos objeto de reclamación por presunto defecto de praxis

Surgical Error Compensation Claims as a Patient Safety Indicator: Causes and Economic Consequences in the Murcia Health System, 2002 to 2018

“…On the other hand, the low proportion of SCs decided for the plaintiff, of the total claims filed (20.1%), is a frequent finding in both national and international studies. 9,10,12,18 This result is consistent with another study carried out in Mexico with claims from 1996 to 2008, where there were possible indications of malpractice in only 20.8% of records, 43 whereas in neurosurgery in Spain, the percentage of "complete malpractice" was slightly higher at 28.3%. 27 This phenomenon could be explained by high patient expectations of success, a concept contemplated by the Spanish jurisprudence in a ruling that, according to the Lex Artis ad hoc of the health care sector, "the responsibility of the Health System is the logical consequence that characterises the public health service as a provider of means, and in no case a guarantor of results."…”

“…On the other hand, the low proportion of SCs decided for the plaintiff, of the total claims filed (20.1%), is a frequent finding in both national and international studies 9,10,12,18 . This result is consistent with another study carried out in Mexico with claims from 1996 to 2008, where there were possible indications of malpractice in only 20.8% of records, 43 whereas in neurosurgery in Spain, the percentage of “complete malpractice” was slightly higher at 28.3% 27 .…”

“…9 Concerning the surgical settings, this study is consistent with 2 other studies carried out in Spain, placing the OST and GO areas as those in which a greater number of complaints were filed. 10,12 In OST, a slight variation of the results was observed when compared with another study carried out by Cardoso-Cita et al 11 over a similar period of duration (17 years, from 1995 to 2011), because this study found higher percentages of musculoskeletal disorders (72.5% compared with 43.6%), but fewer neurological events (23.5% versus 34.0%), infections (3.9% versus 11.9%), and deaths (0.0% versus 6.6%).…”

“…In this context, an estimated 50% of compensation claims for inadequate health care involve a failure to follow recommendations published in clinical practice guidelines or unnecessary treatment 9 . In turn, claims for alleged medical negligence are more common in the case of surgery, 10 particularly in disciplines such as “orthopedic surgery and traumatology” (OST) 11 and “gynecology and obstetrics” (GO) 9,12 …”

“…In this context, an estimated 50% of compensation claims for inadequate health care involve a failure to follow recommendations published in clinical practice guidelines or unnecessary treatment. 9 In turn, claims for alleged medical negligence are more common in the case of surgery, 10 particularly in disciplines such as "orthopedic surgery and traumatology" (OST) 11 and "gynecology and obstetrics" (GO). 9,12 Furthermore, incidents and their resulting compensation claims can have negative consequences for all parties: for the patients who are directly affected; for health care professionals who are second victims, for possible work anxiety related to the event 13 ; and for health institutions as third victims, for the damage to their reputations and possible financial repercussions.…”