Editorial Commentary:  Outside the Scope of Practice—Wrong-Site Surgery Should NEVER Happen

Miller, Mark D.

doi:10.1016/j.arthro.2018.03.043

Cited by 3 publications

(4 citation statements)

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“…We found this malpractice claim in almost 4% of the cases in our study, and they systematically lead to compensation in favor of the plaintiff. In a recent editorial, Mark D. Miller emphasized that wrong-site surgery should never happen again and called for surgeons' vigilance and mentioning the benefit of the "Sign Your Site" campaign of the American Academy of Orthopedic Surgeons [22].…”

Section: Discussionmentioning

confidence: 99%

“…Many complications may occur after arthroscopic surgery and be detrimental to the patient’s functional prognosis [24, 27]. While diagnostic or wrong‐side surgery should be prevented [22], other complications such as infection or the lack of clinical benefit remain inherent to any surgery and lead the patient to file a claim. In France, two recent epidemiological studies have examined the rate of medical malpractice claims in orthopaedic and trauma surgery departments, but neither has specifically focused on arthroscopic surgery [2, 23].…”

Section: Introductionmentioning

confidence: 99%

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Litigation in arthroscopic surgery: a 20-year analysis of legal actions in France

Pioger

Jacquet

et al. 2020

Knee Surg Sports Traumatol Arthrosc

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Purpose The main objective of this study was to identify the epidemiological characteristics of litigation following arthro-scopic procedures, performed in private practice and public hospitals in France. The secondary objective was to establish a risk profile for medical malpractice lawsuits after arthroscopic surgery. Methods All court decisions related to arthroscopic surgery between 1994 and 2020 were collected and reviewed cases from the two main French legal databases (Legifrance and Doctrine). Data were retrospectively collected and included: gender, joint and defendant's specialty involved, reason behind the lawsuit, initial indication and the type of arthroscopic procedure performed. The final verdicts as well as the indemnity awarded to the plaintiff (if any) were recorded. Results One-hundred eighty cases met the inclusion criteria of the study and were analyzed: 58 cases were before administrative courts and 122 were before civil courts. An orthopaedic surgeon was involved alone or in solidum in 45.6% of cases (82/180), followed by anesthesiologists in 5.6% (10/180). The private surgery center or public hospital were implicated in 63.9% (115/180) of cases. The 2 most common joints involved in litigation following arthroscopic surgery were the knee (82.2%, n = 148) and the shoulder (11.1%, n = 20). The main reasons behind the lawsuit were related to postoperative infection in 78/180 cases and to a musculoskeletal complication in 45/180 cases (25%). A failure to inform was also reported in 34/180 cases (18.9%). Of the 180 cases, 122 cases (67.8%) resulted in a verdict for the plaintiff. The average indemnity award for the plaintiff was 77.984 euros [2. 282-1.117.667]. A verdict for the plaintiff was significantly associated with postoperative infection or a wrong-side surgery, while technical error and musculoskeletal complications were more significantly likely to result in a verdict in favor of the defendant (p = 0.003). Conclusion This study evaluated and mapped lawsuits following after arthroscopic surgery in France over a period of more than 20 years. The main joint involved in lawsuits was knee. The main causes of lawsuits following arthroscopic surgery were related to postoperative infection, musculoskeletal complications and failure to inform. Level of Evidence Level IV.

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Section: Discussionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Litigation in arthroscopic surgery: a 20-year analysis of legal actions in France

Pioger

Jacquet

et al. 2020

Knee Surg Sports Traumatol Arthrosc

View full text Add to dashboard Cite

show abstract

“…2 In his commentary, Dr. Miller emphasizes that with a practice in compliance with the American Academy of Orthopaedic Surgeons (AAOS) "Information Statement: Surgical Site and Procedure Confirmation," also known as "Sign Your Site," 3 "Wrong-site surgery should NEVER happen." 2 We remember when the AAOS introduced the "Sign Your Site" safety program and the associated "Time-Out" in 1998. We were glad to implement a policy that could make things safer for our patients and at the same time limit our liability.…”

mentioning

confidence: 99%

“…"Wrong-site surgery should NEVER happen." 2 The article by Shah et al 1 and the commentary by Miller 2 are not to be missed by readers who seek to learn more about malpractice risk with a goal of developing systems to minimize preventable complications. In addition, while Shah et al and Miller focus on litigation after surgery, we also recall that in 2017, Ben Kibler from the Shoulder Center of Kentucky reminded us that "diagnostic errors continue to generate the highest number of malpractice claims."…”

mentioning

confidence: 99%