Litigation after Laparoscopic Cholecystectomy: An Evaluation of the Dutch Arbitration System for Medical Malpractice

Reuver, Philip R. de; Wind, Jan; Cremers, Jan; Busch, Olivier R.; Gulik, Thomas M. van; Gouma, D.J.

doi:10.1016/j.jamcollsurg.2007.08.004

Cited by 45 publications

(41 citation statements)

References 24 publications

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“…In the United States, BDI injury is the leading cause of medical negligence claims against general surgeons and LC is associated with 20-fold more litigation compared with OC [77,78]. It also is a significant reason for litigation in Europe [79,80]; in England alone during the past 15 years, legal action has cost the NHS in excess of 20 million GBP [81]. Data from the National Health Service Litigation Authority (NHSA) on clinical negligence indicate that, as a whole, the organization is receiving more claims each year and 2009/2010 recorded an annual increase of 31.6 % [82].…”

Section: Medicolegal Implicationsmentioning

confidence: 99%

“…Three main reasons have been previously outlined that not only contribute to a claim being made but also to a large monetary sum being awarded [78,81,85]: high earnings loss, patient disability or death, and a feeling by the patient that negligence is responsible. Delay in diagnosis of BDI contributes to both of these latter issues and is reported to occur in more than 80 % of cases, therefore strongly correlating with an increased risk of litigation [16,18,79,[83][84][85]. IOC allows early identification of a BDI as discussed, so it can significantly ameliorate patient morbidity and mortality, as well as have a protective effect against malpractice litigation [78].…”

Section: Medicolegal Implicationsmentioning

confidence: 99%

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Intraoperative cholangiography in the laparoscopic cholecystectomy era: why are we still debating?

et al. 2012

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Laparoscopic cholecystectomy is now one of the most frequently performed abdominal surgical procedures in the world. The most common major complication is bile duct injury, which can have catastrophic repercussions for patients and it has been suggested that intraoperative cholangiography may reduce the rate of bile duct injury. Whether this procedure should be performed routinely is still an active subject of debate. We discuss the available evidence and likely implications for the future.

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Section: Medicolegal Implicationsmentioning

confidence: 99%

Section: Medicolegal Implicationsmentioning

confidence: 99%

Intraoperative cholangiography in the laparoscopic cholecystectomy era: why are we still debating?

et al. 2012

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“…The absence of a written consent is deemed to be a crime (7). In the study by Reuver et al (8), informed consent had been received from 23% of the patients. The fact that cholecystectomy surgeries are performed very often and the rate of complications is relatively low often causes the physicians to skip that step.…”

Section: Discussionmentioning

confidence: 99%

“…All the patients who were diagnosed had been referred. It is reported in the western literature that the recognition of bile duct injuries at the time of operation is between 14-27% and the rate at which the revision surgery is performed at the center where the initial surgery was performed is between 35-45% (1,4,8,10,11). The reason why the rate for immediate diagnosis and revision surgery at the center where the initial surgery was performed was low in our study could be that the equipment that would enable diagnosis at the time of operation was not present and training on bile duct surgery was insufficient.…”

Section: Discussionmentioning

confidence: 99%

“…The delegation of experts found the physician faulty since the diagnosis was made late in 20 out of 21 cases and the patient was referred late, which enhanced the unjust treatment of the patient. In the western literature, the patient referral rates are reported as between 46-55% and the rates at which physicians are deemed faulty between 30.6-86% (8,12). In the study by Yaycı et al (5), 24 non-traumatic general surgery cases were investigated and the rates at which the physicians were deemed faulty was identified to be 62%.…”

Section: Discussionmentioning

confidence: 99%

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The retrospective documentation of legal cases with bile duct injury that were submitted for consideration to İstanbul Forensic Medicine Institute by the courts between 2008-2012

Karakaya¹,

Koç

Ekiz

et al. 2014

UCD

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Statistical AnalysisThe rates and distributions in this case series were indicated as percentages and frequencies. RESULTSThe physicians were found to be faulty in all the cases that were examined. The reason for physician fault was failure to show the necessary professional care and attention in one (4.7%) file, whereas the Objective: The aim was to evaluate the parameters that were considered by Forensic Medicine in bile duct injury as well as the issues that the physicians were found to be faulty. Material and Methods:The following parameters were investigated in 21 files that were referred to Istanbul Forensic Medicine Institute with request of expert opinion between 2008-2012; expert decisions, patient's age, gender, written patient consent, diagnosis, type of first surgery, surgical complications, timing of complication diagnosis within the scope of complication management, patient's referral timing, troubleshooting procedures and mortality rate.Results: Physicians were found to be faulty in all files. The reason for physician fault was failure to show the necessary professional care and attention in one (4.7%) file, late recognition of injury and late transfer of the patient in 20 (95.3%) files. Written consent had not been obtained in any of the files. Thirteen patients were female (61.9%) and 8 (30.1%) were male, with a mean age of 43.3 years. Nineteen patients had cholelithiasis (90.4%), and two patients (9.5%) had a mass in the head of the pancreas. Cholecystectomy was performed laparoscopically in 15 patients (78.9%), and with open surgery in 4 patients (21.1%). The Whipple procedure was performed in two patients. The diagnosis was made during the operation in one patient (4.7%), and in the post-operative period in 20 patients (95.3%). The time to diagnosis after surgery was between 3-6 days. All of the patients had been referred to third level health care facilities. The timing of transfer was 1 day in the patient who was diagnosed during the operation, and ranged between 4-10 days in those who were diagnosed postoperatively. Reasons for late referral were delays related to pending test results in 12 patients, vague signs in 3 patients, and following-up patients with the thought that the biliary fistula will heal by itself in 5 patients. Mortality was not observed in any of the examined files. Conclusion:The issues where physicians were most frequently found to be faulty were failure to obtain written patient consent, late recognition of injury and late transfer of the patient.

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Same-Day Discharge After Percutaneous Coronary Intervention

Janus¹

2012

JAMA

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Litigation after Laparoscopic Cholecystectomy: An Evaluation of the Dutch Arbitration System for Medical Malpractice

Cited by 45 publications

References 24 publications

Intraoperative cholangiography in the laparoscopic cholecystectomy era: why are we still debating?

Intraoperative cholangiography in the laparoscopic cholecystectomy era: why are we still debating?

The retrospective documentation of legal cases with bile duct injury that were submitted for consideration to İstanbul Forensic Medicine Institute by the courts between 2008-2012

Same-Day Discharge After Percutaneous Coronary Intervention

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