Litigation analysis of medical damage after total knee arthroplasty: a case study based on Chinese legal database in the past ten years

被引:1
作者
Liu, Shuai [1 ]
Zou, Jilong [1 ]
Wang, Shuai [1 ]
Liu, Guangyu [1 ]
Zhang, Yan [1 ]
Geng, Shuo [1 ]
机构
[1] Harbin Med Univ, Affiliated Hosp 1, Dept Orthoped, Harbin 150001, Peoples R China
关键词
Total knee arthroplasty; Litigation; Medical damage; MALPRACTICE CLAIMS; JOINT ARTHROPLASTY; INFORMED-CONSENT; PATIENT INJURIES; TOTAL HIP; REPLACEMENT; COMPENSATIONS; LIABILITY; LAWSUITS; BEHAVIOR;
D O I
10.1186/s42836-022-00141-8
中图分类号
R826.8 [整形外科学]; R782.2 [口腔颌面部整形外科学]; R726.2 [小儿整形外科学]; R62 [整形外科学(修复外科学)];
学科分类号
摘要
Background The medical damage litigations after knee arthroplasty are on the rise year by year. However, few studies examined the litigation after knee arthroplasty. This study analyzed the litigation of medical damage after knee replacement in the past ten years based on a Chinese database. It synthesized the focus of the dispute in these cases to provide a reference for doctors to reduce the risk of litigation. Methods Retrospectively analyzed were medical damage litigations after total knee arthroplasty in the past ten years (June 2011-June 2021) from the "Wolters Kluwer Legal Information Database". The data collected included the characteristics of patients, causes of litigation, the results of litigation and the amount of compensation. Results A total of 110 litigation cases were analyzed, including 40 male patients (36.3%) and 70 female patients (63.6%). The top cause of litigation was infection (43.6%). The most common factor leading to the doctor losing the case was "complications caused by operational error" (P < 0.05). Complications, such as amputation, postoperative ischemic stroke and infection, were more likely to result in higher compensation. Conclusions The prevention of infection and the avoidance of operational errors are very important in avoiding medical litigations. Moreover, avoiding disabling complications or a protracted course of disease could significantly reduce the amount of compensation. In addition, full and reasonable communication, paying full attention to the reaction of patients, and timely diagnosis could also effectively minimize the risk of litigation and loss.
引用
收藏
页数:9
相关论文
共 32 条
[1]  
ADAMSON TE, 1989, WESTERN J MED, V150, P356
[2]  
[Anonymous], 2011, CHINESE LAWYER, P77
[3]   Medicolegal aspects of hip and knee arthroplasty [J].
Attarian, DE ;
Vail, TP .
CLINICAL ORTHOPAEDICS AND RELATED RESEARCH, 2005, (433) :72-76
[4]  
Beresford-Cleary Nicolas J, 2011, J Orthop Surg (Hong Kong), V19, P274
[5]  
Beresford-Cleary NJ., 2012, J ORTHOP SURG HONG K, V20, P140
[6]   The medical-legal aspects of informed consent in orthopaedic surgery [J].
Bhattacharyya, T ;
Yeon, H ;
Harris, MB .
JOURNAL OF BONE AND JOINT SURGERY-AMERICAN VOLUME, 2005, 87A (11) :2395-2400
[7]   Trends in joint arthroplasty litigation over five years: the British experience [J].
Bhutta, M. A. ;
Arshad, M. S. ;
Hassan, S. ;
Henderson, J. J. .
ANNALS OF THE ROYAL COLLEGE OF SURGEONS OF ENGLAND, 2011, 93 (06) :460-464
[8]   Claiming behaviour in a no-fault system of medical injury: a descriptive analysis of claimants and non-claimants [J].
Bismark, Marie M. ;
Brennan, Troyen A. ;
Davis, Peter B. ;
Studdert, David M. .
MEDICAL JOURNAL OF AUSTRALIA, 2006, 185 (04) :203-207
[9]  
Blackwood Craig, 2017, Shoulder Elbow, V9, P15, DOI 10.1177/1758573216652082
[10]   The Epidemiology of Revision Total Knee Arthroplasty in the United States [J].
Bozic, Kevin J. ;
Kurtz, Steven M. ;
Lau, Edmund ;
Ong, Kevin ;
Chiu, Vanessa ;
Vail, Thomas P. ;
Rubash, Harry E. ;
Berry, Daniel J. .
CLINICAL ORTHOPAEDICS AND RELATED RESEARCH, 2010, 468 (01) :45-51