6 trends in orthopedic surgery malpractice claims highlighted in new study

The jury found in favor of the defendant orthopedic surgeon in 61.7 percent of medical malpractice cases, according to a study in Orthopedics.

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Here are six things to know on medical malpractice:

1. Study authors used the Westlaw legal database to analyze 82 state and federal orthopedic surgical medical malpractice cases.

2. The most commonly cited reasons for litigation were:

  • Procedural error: 87.7 percent, or 71 cases
  • Negligence: 71.6 percent, or 58 cases

3. Most litigation involved:

  • Spine surgery: 25.9 percent, or 21 cases
  • Knee surgery: 21 percent, or 17 cases
  • Hip surgery: 11.6 percent, or 11 cases

4. The average payout for a verdict in favor of the plaintiff was $3,015,872.

5. The average settlement value was $1,570,833.

6. Cases involving male patients and patient death were more likely to lead to verdicts in favor of the plaintiff.

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