Medical Professional Liability Claims for Mohs Micrographic Surgery From 1989 to 2011

D’Souza, Logan S.; Jalian, H. Ray; Jalian, Chris A.; Alam, Murad; Eisen, Daniel B.; Avram, Mathew M.; Ibrahimi, Omar A.

doi:10.1001/jamadermatol.2014.4495

Cited by 12 publications

(7 citation statements)

References 13 publications

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“…"Teach back" methods have been validated as successful ways to assess patient understanding of material recently presented [31]. With informed consent being the number one reason for litigation associated with common dermatological procedures, dermatologists may wish to spend additional time counseling patients preoperatively [32].…”

Section: Discussionmentioning

confidence: 99%

The readability of online patient information about laser resurfacing therapy

Sharma¹,

Martin²,

Shive³

et al. 2020

Dermatology Online Journal

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Section: Discussionmentioning

confidence: 99%

The readability of online patient information about laser resurfacing therapy

Sharma¹,

Martin²,

Shive³

et al. 2020

Dermatology Online Journal

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“…Using previously described methodologies, we performed a search of the LexisNexis legal case database between January 15 and February 15, 2021, for all publicly reported cases from federal and state courts. A reported case includes any judicial action of a court, including judgments, rulings, opinions, dismissals, or other official actions.…”

Section: Methodsmentioning

confidence: 99%

Skin Cancer Telemedicine Medical Malpractice Risk

2021

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Telemedicine use has increased substantially in recent years, in part due to the COVID-19 pandemic. 1,2 Although patients and dermatologists have become more comfortable with telemedicine and its benefits, concerns remain regarding suboptimal diagnosis and management, image quality, internet access, patient triage, uncoordinated care by direct-to-consumer companies, and insurance coverage. 3 In dermatology, issues related to the diagnosis and management of skin cancer are among the most common malpractice claims and account for the largest sums awarded. 4 Although research suggests that telemedicine has a low risk for malpractice, 1 to our knowledge, the malpractice risk associated with the use of telemedicine for the of management skin cancer has not been studied. This study sought to assess all publicly reported cases of malpractice associated with the telemedicine management of skin cancer.Methods | This database study used only publicly available data and did not involve human participants. It was therefore exempt from review by the institutional review boards at Yale University and Massachusetts General Hospital and the requirements for patient informed consent.Using previously described methodologies, 1,5 we performed a search of the LexisNexis legal case database between January 15 and February 15, 2021, for all publicly reported cases from federal and state courts. A reported case includes any judicial action of a court, including judgments, rulings, opinions, dismissals, or other official actions. We searched for cases dated from January 1, 1950, to January 1, 2021, using 36 queries derived from relevant terms, including telemedicine, malpractice, and skin cancer (Figure).One of us (A.L.F.) reviewed the reported cases for their relevance to telemedicine. Cases were excluded if they did not involve medical practice allegations or if the medical issues did not pertain to the diagnosis or management of skin cancer. Cases were not limited by medical specialty.

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“…23 A large proportion of cases that led to malpractice litigation occurred in the face, head, and/or neck; this finding reflects the increased incidence of KC on sunexposed areas and the cosmetic importance of facial health and appearance, which may lead to an increased likelihood of malpractice litigation for KCs that affect the face. 5,24,25 We identified more than 15 specialties involved in malpractice litigation involving KCs and found significant differences in monetary payout by health care professional specialty in cases won by the plaintiff. Although more nondermatologists are performing dermatologic procedures, increased risk of litigation has previously been associated with laser surgery by nonphysician operators compared with dermatologists.…”

Section: Discussionmentioning

confidence: 99%

“…A review of 80 cases of malpractice litigation involving melanoma 4 found that melanoma malpractice litigation involves numerous specialties (including dermatology, pathology, family medicine, and surgical specialties) and that approximately half of melanoma malpractice cases resulted in financial settlement. In addition, a 2015 analysis of 42 malpractice claims for Mohs micrographic surgery 5 found only 1 case in favor of the plaintiff.…”

mentioning

confidence: 99%

Characteristics of State and Federal Malpractice Litigation of Medical Liability Claims for Keratinocyte Carcinoma, 1968 to 2018

et al. 2019

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The prevalence of keratinocyte carcinoma (KC) exceeds that of all other malignant neoplasms combined. Despite the steady rise of payments for medical malpractice liability claims over time, data regarding the characteristics of malpractice litigation for KC are scarce.OBJECTIVE To identify state and federal appellate medical malpractice liability cases for KC and determine the factors associated with the verdicts. DESIGN, SETTING, AND PARTICIPANTSThis retrospective review of KC-related malpractice litigation under state or federal jurisdiction reviewed the LexisNexis Academic database of state and federal cases, legal reviews, and case law. All appellate medical malpractice cases at the state and federal levels involving basal cell carcinoma (BCC) or squamous cell carcinoma (SCC) from January 1, 1968, through December 31, 2018, were identified.MAIN OUTCOMES AND MEASURES Demographic characteristics of the cases and plaintiffs, verdict, health care specialty of the defendant, setting of the litigation, rationale for the lawsuit and verdict, factors associated with the case outcome, and monetary payout in cases won by the plaintiff.RESULTS In total, 83 cases were included in our analysis (34 BCC cases and 49 SCC cases; 47 [57%] male plaintiffs). Sixty-two cases (75%) were decided in favor of the defendant. More KC-related malpractice cases were won by defendants in more recent years than were won by plaintiffs (mean year, 2004 [SD, 11 years] vs 1998; P = .03). Twenty-five cases (30%) each occurred in the Northeast and the South, and 45 (54%) involved private practices. Most cases involved KCs occurring on the face, head, and/or neck (39 [47%]), the genitalia (22 [27%]), or the extremities (15 [18%]). More than half of defendants were dermatologists (19 [23%]), family medicine physicians (15 [18%]), or oncologists (8 [10%]). Jurisprudence for KC-related malpractice cases most often occurred at the state level (49 [59%]). The most common causes of litigation were failure to diagnose (18 [22%]), misdiagnosis (18 [22%]), and delay in treatment (11 [13%]). More female than male plaintiffs won their malpractice cases (11 of 35 [31%] vs 5 of 43 [12%]; P = .03). More cases involving SCC than BCC led to a decision favoring the plaintiff (13 of 47 [28%] vs 3 of 31 [10%]; P = .05).

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Medical Professional Liability Claims for Mohs Micrographic Surgery From 1989 to 2011

Cited by 12 publications

References 13 publications

The readability of online patient information about laser resurfacing therapy

The readability of online patient information about laser resurfacing therapy

Skin Cancer Telemedicine Medical Malpractice Risk

Characteristics of State and Federal Malpractice Litigation of Medical Liability Claims for Keratinocyte Carcinoma, 1968 to 2018

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