Abstract

Background and purpose — In Norway all compensation claims based on healthcare services are handled by a government agency (NPE, Norsk Pasientskade Erstatning). We provide an epidemiological overview of claims within pediatric orthopedics in Norway, and identify the most common reasons for claims and compensations. Patients and methods — All compensation claims handled by NPE from 2012 to 2018 within pediatric orthopedics (age 0 to 17 years) were reviewed. Data were analyzed with regard to patient demographics, diagnoses, type of injury, type of treatment, reasons for granted compensation, and total payouts. Results — 487 compensation claims (259 girls, 228 boys) within orthopedic surgery in patients younger than 18 years at time of treatment were identified. Mean age was 12 years (0–17). 150 out of 487 claims (31%) resulted in compensation, including 79 compensations for inadequate treatment, 58 for inadequate diagnostics, 12 for infections, and 1 based on the exceptional rule. Total payouts were US$8.45 million. The most common primary diagnoses were: upper extremity injuries (26%), lower extremity injuries (24%), congenital malformations and deformities (12%), spine deformities (11%), disorders affecting peripheral joints (9%), chondropathies (6%), and others (12%). Interpretation — Most claims were submitted and granted for mismanagement of fractures in the upper and lower extremity, and mismanagement of congenital malformations and disorders of peripheral joints. Knowledge of the details of malpractice claims should be implemented in educational programs and assist pediatric orthopedic surgeons to develop guidelines in order to improve patient safety and quality of care.

Highlights

  • In Norway all compensation claims based on healthcare services are handled by a government agency (NPE, Norsk Pasientskade Erstatning)

  • Orthopedic surgery is at especially high risk of claims and there is evidence that claims within the field of pediatric orthopedics are more likely to result in payment compensation than adult cases (Orosco et al 2012, Oetgen and Parikh 2016)

  • Of the claims within orthopedic surgery decided by Norwegian System of Patient Injury Compensation (NPE) in this time period apply to children from 0 to 17 years at the time of treatment, including 259 girls and 228 boys. 478 (98%) claims were based on diagnostics and treatment within

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Summary

Introduction

In Norway all compensation claims based on healthcare services are handled by a government agency (NPE, Norsk Pasientskade Erstatning). Patients and methods — All compensation claims handled by NPE from 2012 to 2018 within pediatric orthopedics (age 0 to 17 years) were reviewed. Data were analyzed with regard to patient demographics, diagnoses, type of injury, type of treatment, reasons for granted compensation, and total payouts. In Norway all compensation claims based on public and private healthcare services are handled by a government agency, the Norwegian System of Patient Injury Compensation (NPE). In the same year 4,917 decisions were made by NPE, and of these 1,481 (30%) resulted in compensation with total payouts of US$ 135 million. Orthopedic surgery accounted for nearly one-third (n = 1,443) of all claims that were decided in 2020 and 30% (n = 445) of all claims that were granted, resulting in total payouts of US$ 30 million. Orthopedic surgery is at especially high risk of claims and there is evidence that claims within the field of pediatric orthopedics are more likely to result in payment compensation than adult cases (Orosco et al 2012, Oetgen and Parikh 2016)

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