Abstract
Background
Medical malpractice is a growing concern for physicians in all fields. Surgical fields
have some of the highest malpractice premiums and litigation rates. Pancreaticoduodenectomy
(PD) has become a popular procedure; however, it is still associated with significant
morbidity and mortality. This study is the first to analyze factors involved in litigation
regarding PD cases.
Methods
The Westlaw database was searched for jury verdicts and settlements using the terms
“medical malpractice” and “pancreaticoduodenectomy”. Twenty-nine cases from 1991 to
2012 were initially collected. Seven entries not involving PD and three duplicate
cases were excluded. Nineteen cases were included for analysis.
Results
Of the 19 cases included in the analysis, three (15.8%) reached a settlement, three
(15.8%) were ruled in favor of the plaintiff, and 13 (68.4%) were ruled in favor of
the physician. The average settlement award was $398,333 (range, $195,000-500,000),
and the average plaintiff award was $4,288,869 (range, $1,066,608-10,300,000). The
most common factors raised in litigation included PD being allegedly unnecessary (47.4%),
followed by postoperative negligence and misdiagnosis (36.8% each).
Conclusions
The most common factors present in litigation included the allegation that PD was
unnecessarily performed. The cases that are awarded large monetary sums are those
that involve continued medical care. Ways to improve patient safety and limit litigation
include increasing transparency and communication with a thorough discussion between
surgeon and patient of the most common topics of litigation discussed.
Keywords
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Article info
Publication history
Published online: December 30, 2016
Accepted:
December 22,
2016
Received in revised form:
December 12,
2016
Received:
September 19,
2016
Identification
Copyright
Published by Elsevier Inc.
