Trends in joint arthroplasty litigation over five years: the British experience

Ann R Coll Surg Engl. 2011 Sep;93(6):460-4. doi: 10.1308/003588411X587226.

Abstract

Introduction: Increasing numbers of joint arthroplasty are performed in Britain. While associated complications are well documented, it is not known which of those initiate malpractice claims.

Method: A five-year period was assessed for trends to highlight areas for further improvement in patient information and surgical management.

Results: The National Health Service paid out almost £14 million for 598 claims. Forty per cent of this was for legal costs. The number of claims increased over time while the rate of successful claims decreased.

Conclusions: A failure to consent adequately and to adhere to policies and standard practice can result in a successful malpractice claim. Protecting patients intraoperatively and maintaining high technical expertise while implementing policies and obtaining informed consent decreases the litigation burden.

MeSH terms

  • Arthroplasty, Replacement, Hip / legislation & jurisprudence*
  • Arthroplasty, Replacement, Knee / economics
  • Arthroplasty, Replacement, Knee / legislation & jurisprudence*
  • Compensation and Redress
  • Costs and Cost Analysis
  • Humans
  • Informed Consent
  • Malpractice / economics
  • Malpractice / legislation & jurisprudence
  • Malpractice / trends*
  • United Kingdom