Characteristics of Orthopaedic Malpractice Claims of Pediatric and Adult Patients in Private Practice

Abstract

There appear to be moderate differences in outcomes of orthopaedic malpractice claims between adult and pediatric patients. The longer statute of limitations associated with pediatric claims does not appear to portend a less favorable medicolegal outcome or excessively longer time to claims filing for pediatric patients.

Compensation claims in pediatric orthopedics in Norway between 2012 and 2018: a nationwide study of 487 patients

“…Our study showed that pediatric orthopedics is associated with a high incidence of compensation claims, which confirms findings by other authors, both from the United States (Oetgen andParikh 2016, Galey et al 2019).…”

“…The granting percentage in our material was 31%, comparable to findings by Oetgen and Parikh (2016), who found 33%. Galey et al (2019) in a US study found a granting percentage of 51%.…”

“…Orthopedic surgery accounted for nearly one-third (n = 1,443) of all claims that were decided in 2020 and 30% (n = 445) of all claims that were granted, resulting in total payouts of US$ 30 million. Thus, orthopedic surgery is at especially high risk of claims and there is evidence that claims within the field of pediatric orthopedics are more likely to result in payment compensation than adult cases (Orosco et al 2012, Oetgen andParikh 2016).…”

“…So far, no studies have emerged, based on data from NPE, to analyze compensation claims within the field of pediatric orthopedics. In literature indexed in Medline, only 2 studies evaluated patient injuries in pediatric orthopedics (Oetgen andParikh 2016, Galey et al 2019). However, these studies provide only an epidemiological overview of the claims.…”

Valve or No Valve: A Prospective Randomized Controlled Trial of Casting Options for Pediatric Forearm Fractures

“…genic cast saw abrasions and thermal burns occur with a frequency of 0.72% and are common sources of litigation, accounting for up to 4.7% of filed claims and having reported settlements greater than $12,000 per patient. [9][10][11] Further, a split cast may result in loss of fracture reduction, requiring either additional manipulation of the cast, repeat reduction under sedation, or surgical stabilization. 12 The objectives of this single-center, prospective randomized controlled study of pediatric forearm fractures requiring acute reduction and casting were to examine the impact of cast valving on the rates of (1) cast-related complications such as compartment syndrome or cast saw injury and (2) fracture remanipulation or the need for subsequent operative intervention.…”