Abstract

BackgroundOrthopedic foot/ankle surgery is a high risk specialty when it comes to malpractice claims. This study aims to evaluate the incidence, characteristics and outcome of claims in this area.MethodsThis was a retrospective, 10-year claim analysis, with data from an anonymous database. Baseline claim/claimant characteristics were collected from all orthopedic foot/ankle-related cases.ResultsOf 460 claims in total, most were related to delay in/wrong diagnosis or to (complications of) elective surgical procedures. Whether a claim was settled was related to type of injury (fracture) and type of claim (diagnostic mistake). Median amount disbursed in settled claims was €12,549. Claim incidence did not increase over the years.ConclusionMissed fracture diagnosis and “failed”/disappointing results of elective surgical procedures were the most common causes for claims. Sufficient knowledge of missed (foot) fractures and clear communication/expectation management before elective procedures could help to improve quality of healthcare and patient satisfaction.

Highlights

  • The fear of receiving a malpractice claim has increased and the consequences of that fear, such as overtreatment or depression/burnout among medical professionals, are not insignificant [1, 2]

  • Orthopedic surgery has been defined as a high-risk specialty when it comes to the probability of receiving a claim [4, 5]

  • This study aims to evaluate: 1. the incidence of claims related to orthopedic foot/ankle surgery, 2. the most common characteristics of claimants and claims, and 3. consequences and outcome of claims, in order to identify opportunities to improve care of foot/ankle conditions

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Summary

Introduction

The fear of receiving a malpractice claim has increased and the consequences of that fear, such as overtreatment or depression/burnout among medical professionals, are not insignificant [1, 2]. Orthopedic surgery has been defined as a high-risk specialty when it comes to the probability of receiving a claim [4, 5]. The foot and ankle region accounts for a large number of claims [8,9,10]. Most studies focusing on claims in orthopedic surgery have investigated spinal surgery, or elective procedures such as joint replacements [11,12,13,14]. Orthopedic foot/ankle surgery is a high risk specialty when it comes to malpractice claims. Baseline claim/claimant characteristics were collected from all orthopedic foot/ankle-related cases. Results Of 460 claims in total, most were related to delay in/wrong diagnosis or to (complications of) elective surgical procedures. Conclusion Missed fracture diagnosis and “failed”/disappointing results of elective surgical procedures were the most common causes for claims. Sufficient knowledge of missed (foot) fractures and clear communication/expectation management before elective procedures could help to improve quality of healthcare and patient satisfaction

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