Claims in orthopedic foot/ankle surgery, how can they help to improve quality of care? A retrospective claim analysis

Eur J Orthop Surg Traumatol. 2021 Jan;31(1):85-93. doi: 10.1007/s00590-020-02745-9. Epub 2020 Jul 26.

Abstract

Background: Orthopedic foot/ankle surgery is a high risk specialty when it comes to malpractice claims. This study aims to evaluate the incidence, characteristics and outcome of claims in this area.

Methods: This was a retrospective, 10-year claim analysis, with data from an anonymous database. Baseline claim/claimant characteristics were collected from all orthopedic foot/ankle-related cases.

Results: Of 460 claims in total, most were related to delay in/wrong diagnosis or to (complications of) elective surgical procedures. Whether a claim was settled was related to type of injury (fracture) and type of claim (diagnostic mistake). Median amount disbursed in settled claims was €12,549. Claim incidence did not increase over the years.

Conclusion: Missed fracture diagnosis and "failed"/disappointing results of elective surgical procedures were the most common causes for claims. Sufficient knowledge of missed (foot) fractures and clear communication/expectation management before elective procedures could help to improve quality of healthcare and patient satisfaction.

Keywords: Ankle; Foot; Malpractice claims; Orthopedic surgery; Trauma surgery.

Publication types

  • Observational Study

MeSH terms

  • Adult
  • Aged
  • Ankle / surgery*
  • Elective Surgical Procedures / adverse effects
  • Elective Surgical Procedures / legislation & jurisprudence
  • Female
  • Foot / surgery*
  • Humans
  • Male
  • Malpractice*
  • Middle Aged
  • Orthopedic Procedures* / adverse effects
  • Orthopedic Procedures* / legislation & jurisprudence
  • Quality of Health Care* / legislation & jurisprudence
  • Retrospective Studies