6 trends in orthopedic surgery malpractice claims highlighted in new study

Practice Management

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

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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