The Current State of Medical Malpractice in Urology

Sherer, Benjamin A.; Coogan, Christopher L.

doi:10.1016/j.urology.2015.03.004

Cited by 29 publications

(23 citation statements)

References 26 publications

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“…A recent comprehensive review on urology malpractice studies as well as analysis of claims data from companies of the Physicians Insurers Association of America (PIAA) have shown that it is common for urologists to face malpractice litigation at some point in their career. However, as in our study, only a minority lose their cases ( 17 ). When faced with malpractice, urologists reported spending an average of 21.8 days away from work defending their first lawsuit.…”

Section: Discussionsupporting

confidence: 75%

Urethral catheters and medical malpractice: a legal database review from 1965 to 2015

Awad

Osterberg

Chang

et al. 2016

Transl. Androl. Urol.

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BackgroundUrethral catheters (UCs) are commonly used in medicine and are associated with complications such as urinary tract infections (UTIs) and trauma. Given UC complications and their ubiquitous usage in healthcare, there is a potential for liability risk. We aim to explore litigation involving UC-related complications.MethodsThe LexisNexis legal database was queried for all state and federal cases from January 1965 through October 2015 using the terms “urethral catheter” or “Foley catheter” in combination with “medical malpractice”, “negligence”, “medical error”, and “trauma”. Each case was reviewed for reported medical characteristics and legal aspects, including the outcome of the case.ResultsOur search yielded 29 cases. Urologists were the most common providers cited as defendants (21%), all of whom were successful in their defense. The most common malpractice claim was for traumatic insertion (48%). Pain was the most common type of damage claimed by plaintiffs (28%), followed by UTI (24%). Nineteen (66%) cases favored defendants, while 10 (34%) cases favored the plaintiffs, of which 2 (7%) were settled out of the court. In settled cases, the mean settlement received by plaintiffs was $55,750 (range, $25,000–$86,500). The mean award to plaintiffs for cases determined by the court was $112,991 (range, $4,000–$325,000).ConclusionsDespite widespread usage of UC over a 50-year period, lawsuits centered on UC misuse are rare at the state and federal court levels. Of litigated cases, urologists are commonly involved yet have successful defenses.

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Section: Discussionsupporting

confidence: 75%

Urethral catheters and medical malpractice: a legal database review from 1965 to 2015

Awad

Osterberg

Chang

et al. 2016

Transl. Androl. Urol.

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“…The largest individual payout for nerve injury in upper extremity surgery was $2.75 million, lower than the largest reported payout in the United States of $13 million in obstetrics and gynecology. 2…”

Section: Discussionmentioning

confidence: 99%

“…7,12,26 Motivation to file a malpractice claim often includes patient frustration with a lack of explanation or apology for an error, and poor physician communication or insensitivity. 2,27 Patients are less likely to initiate a malpractice claim when they feel engaged as partners in their care and when the physician provides an explanation for the error and demonstrates compassion during the disclosure. 28 Our experience is that patients need several discussions of the problem and care plan (including use of anatomical texts and models) before perceiving that communication is adequate.…”

Section: Suggestions From a Nerve Surgeon For Safer Practicementioning

confidence: 99%

Medical Malpractice in Nerve Injury of the Upper Extremity

Krauss

Shankar

Patterson

et al. 2020

Hand (New York, N,Y.)

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Background: Medical malpractice accounts for more than $55 billion of annual health care costs. Updated malpractice risk to surgeons and physicians related to upper extremity peripheral nerve injury has not been published. Methods: A comprehensive database analysis of upper extremity nerve injury claims between 1995 and 2014 in the United States was conducted using the Medical Professional Liability Association Data Sharing Project, representing 24 major insurance companies. Results: Nerve injury in the upper extremity accounted for 614 (0.3%) malpractice claims (total of 188 323). Common presenting diagnoses included carpal tunnel syndrome (41%), upper extremity fractures (19%), and traumatic nerve injuries to the shoulder or upper limb (8%). Improper performance (49% of total claims) and claims without evidence of medical error (19%) were the most common malpractice suits. Orthopedic surgeons were the most frequently targeted specialists (42%). In all, 65% of nerve injury claims originated from operative procedures in a hospital, 59% of claims were dismissed or withdrawn prior to trial, and 30% resulted in settlements. Thirty-three percent of claims resulted in an indemnity payment to an injured party, with an average payout of $203 592 per successful suit. Only 8% of claims resulted in a completed trial and verdict, and verdicts were overwhelmingly in favor of the defendant (83%). Conclusions: Most malpractice claims from peripheral nerve injuries in the United States arise from the management of common diagnoses, occur in the operating room, and allege improper performance. Strategies to reduce malpractice risk should emphasize the management of common conditions and patient-physician communication.

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“…In studies that analyzed malpractice trends in the United States, “improper performance of procedure” [ 18 20 21 ] alongside “prostate cancer and transurethral prostate resection” were determined as leading causes of malpractice litigation [ 22 ]. A study based in the United Kingdom that analyzed resources published by the National Health Service Litigation Authority revealed that malpractice claims were centered around “nonoperative events,” “postoperative events,” and “intraoperative events” in terms of order of frequency [ 23 ].…”

Section: Discussionmentioning

confidence: 99%

Analysis of closed medical litigation in urology

et al. 2017

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PurposeThe objective of this study was to provide a descriptive understanding of the characteristics of malpractice litigation related to urology by examining court cases.Materials and MethodsA total of 6,074 court cases related to medical malpractice litigation filed between 2005 and 2010 were received from the Lower Courts, the Appellate Courts, and the Supreme Court of Korea. Of the received cases, 34 urology-related civil proceedings were analyzed. The following information was compiled and investigated from the cases: background, age and sex of patient, categorization of the defendant, opinion of the court, amount claimed and awarded in damages, type of medical treatment involved, and negative effects resulting from the medical accident.ResultsThe average amount in damages paid out to plaintiffs in this research was 27,186,504±32,371,008 Korean won (KRW) (range, 1,000,000–100,000,000 KRW). A total of 9 of the 34 analyzed cases (26.5%) ruled in favor of the plaintiff, with all 9 cases involving a surgery. An analysis of the surgery sites further revealed that the penis was the most frequently litigated over site of surgery, making up 14 of the 35 sites (40.0%).ConclusionsInformation regarding urology malpractice lawsuits should be made available to help prevent further disputes and litigation. Continuous efforts must be expended in the prevention of accidents and disputes, alongside research into urology-related cases beyond 2010. Extensive cause analysis and recurrence prevention methods must also be researched to enhance overall patient safety.

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The Current State of Medical Malpractice in Urology

Cited by 29 publications

References 26 publications

Urethral catheters and medical malpractice: a legal database review from 1965 to 2015

Urethral catheters and medical malpractice: a legal database review from 1965 to 2015

Medical Malpractice in Nerve Injury of the Upper Extremity

Analysis of closed medical litigation in urology

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