Medical Malpractice Litigation Following Arthroscopic Surgery

Shah, Kalpit N.; Eltorai, Adam E.M.; Perera, Sudheesha; Durand, Wesley M.; Shantharam, Govind; Owens, Brett D.; Daniels, Alan H.

doi:10.1016/j.arthro.2018.02.035

Cited by 27 publications

(30 citation statements)

References 22 publications

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“…Previous studies have mainly reported compensation claims following hip and knee arthroplasty and spine disorders [15,16]. One study has reported malpractice litigation following arthroscopic surgery in general, but to the best of our knowledge, no study has previously reported compensation claims following FCDs in the knee specifically [17].…”

Section: Introductionmentioning

confidence: 96%

Compensation claims after knee cartilage surgery is rare. A registry-based study from Scandinavia from 2010 to 2015

Aae

Lian

Årøen

et al. 2020

BMC Musculoskelet Disord

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Background Focal cartilage defects (FCDs) in the knee joint has a high prevalence. A broad range of treatment options exists for symptomatic patients. Knowledge of patient compensation claims following surgical treatment of FCDs is missing. The purpose of this study is to evaluate compensation claims filed to the Scandinavian registries for patient compensation following treatment of FCDs in the knee joint from 2010 to 2015 and identify possible areas of improvement. Methods A cross-sectional study design was used to obtain all complaints following surgical treatment of FCDs from the Scandinavian registries from 2010 to 2015. Data such as age, gender, type of treatment, type of complaint, reason of verdict and amount of compensation were collected and systematically analyzed. Results 103 patients filed a compensation claim. 43 had received debridement (41.7%), 54 microfracture (MF) (52.4%), 3 mosaicplasty (2.9%) and 3 autologous chondrocyte implantation (ACI) (2.9%). Of the 103 claims, 36 were granted (35%). 21 following debridement (58.3%), 13 after MF (36.1%), 1 following mosaicplasty (2.8%) and 1 after ACI (2.8%). The most common reason for complaint was infection (22.1%), of which 89% were granted. The average compensation was €24.457 (range €209 – €458.943). Conclusion Compensation claims following surgical treatment of knee cartilage injuries in Scandinavia are rare. Establishing nationwide cartilage registries can add further knowledge on this troublesome disease.

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Section: Introductionmentioning

confidence: 96%

Compensation claims after knee cartilage surgery is rare. A registry-based study from Scandinavia from 2010 to 2015

Aae

Lian

Årøen

et al. 2020

BMC Musculoskelet Disord

View full text Add to dashboard Cite

show abstract

“…This complication is often considered in legal circles to be res ipsa loquitur, meaning that the occurrence speaks for itselfdit does not even require an expert witness. This explains why the wrong-site surgery verdicts in this article of Shah et al 2 went 100% to the plaintiffs. Lawsuits related to DVT can also be reduced by careful risk stratification preoperatively.…”

Section: See Related Article On Page 2236mentioning

confidence: 89%

“…The review of 240 cases by Shah et al 2 showed that two-thirds resulted in a verdict in favor of the defendant (the physician who was sued) and one-fourth resulted in a verdict in favor of the plaintiff (in this case, the patient who sued); the remainder of the cases were settled out of court. Defendants usually won suits in which there were alleged technical errors and suits related to nerve blocks.…”

Section: See Related Article On Page 2236mentioning

confidence: 95%

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

Miller

2018

Arthroscopy: The Journal of Arthroscopic & Related Surgery

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Malpractice lawsuits involving arthroscopic surgical procedures are relatively common. Fortunately, many of them are avoidable. Wrong-site surgery results in a successful verdict for the plaintiff all the time, so it needs to be avoided. Deep venous thrombosis, another common reason for lawsuits, especially after knee arthroscopy, can be stratified based on risk factors and managed accordingly. Effective communication is the arthroscopist's best defense against potential lawsuits.

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“…It is recommended that the tourniquet should be temporarily let down after about 100 -120 min of inflation to prevent this complication. Death by pulmonary embolism is very rare but may be a reason for litigation, as are unfortunate situations such as wrongsided surgery or retained instruments [15].…”

Section: Complications Of Arthroscopymentioning

confidence: 99%

Successful Knee Arthroscopy: Techniques

Ang¹

2018

Recent Advances in Arthroscopic Surgery

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Knee arthroscopy is one of the most common arthroscopic procedures required of an orthopedic surgeon. A successful case hinges primarily on adequate pre-operative planning, proper intra-operative setup and thoughtful portal placement. This chapter will discuss in detail the necessary ingredients of a smooth and successful knee arthroscopy case. Advanced techniques to deal with intra-operative difficulties will be presented. Though uncommon, complications arising from knee arthroscopy will be presented and their management techniques described. Common procedures will be discussed, including simple knee arthroscopic debridement, arthroscopic cartilage reconstruction, anterior cruciate ligament reconstruction, and meniscus repair. Surgical steps for a safe and smooth case will be presented.

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Medical Malpractice Litigation Following Arthroscopic Surgery

Cited by 27 publications

References 22 publications

Compensation claims after knee cartilage surgery is rare. A registry-based study from Scandinavia from 2010 to 2015

Compensation claims after knee cartilage surgery is rare. A registry-based study from Scandinavia from 2010 to 2015

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

Successful Knee Arthroscopy: Techniques

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