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

Abstract

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.

A Multicenter Study of Patient-Reported Infectious and Noninfectious Complications Associated With Indwelling Urethral Catheters

“… 7 Using administrative data on surgical procedures, Aaronson et al 8 concluded that catheter-associated complications were reported rarely but were significantly associated with increased length of hospital stay and catheter-associated urinary tract infection rates. Awad and colleagues 15 conducted a legal database review of the association of urethral catheters with medical malpractice from 1965 to 2015 and reported that the most common malpractice claim was traumatic insertion of a urethral catheter (48% of claims). These investigators noted that several of the lawsuits involved a spouse who claimed loss of consortium (deprivation of the benefits of a family relationship because of injuries caused by the tort).…”

Analysis of lawsuit cases in the Department of Surgery in Korea

“…These also affect the attitude of care, such as defensive medicine, overtreatment, etc. [ 10 11 ]. Therefore, further research on aspects of prevention of medical litigation should be conducted.…”

A new urethral catheterisation device (UCD) to manage difficult urethral catheterisation

“…These costs did not include management of long-term complications such as urethral stricture disease. In addition, UCI is the commonest catheter-related malpractice claim [ 7 ].…”

“…This yields a total healthcare burden in the US of $2 billion dollars per year. These costs are exclusive of managing long-term complications of urethral strictures or any potential medico-legal costs [ 7 ].…”