Skip to main navigation Skip to search Skip to main content

Medical Malpractice in Neurosurgery: A Comprehensive Analysis

  • Ranjit Thomas
  • , Raghav Gupta
  • , Christoph J. Griessenauer
  • , Justin M. Moore
  • , Nimer Adeeb
  • , Rouzbeh Motiei-Langroudi
  • , Bryan Guidal
  • , Nitin Agarwal
  • , Ron L. Alterman
  • , Robert M. Friedlander
  • , Christopher S. Ogilvy
  • , Ajith J. Thomas

Research output: Contribution to journal › Article › peer-review

63 Scopus citations

Abstract

Background Of all specialists, neurosurgeons have the highest probability of facing a medical malpractice claim. Here we report the first specialty-wide review of malpractice claims in neurosurgery performed using a well-established national online legal database. Methods The Westlaw legal research service (Thomson Reuters, Eagan, Minnesota, USA) was queried for jury verdicts and settlements related to neurosurgery and medical malpractice between 1985 and 2015. Case files were examined, and factors recorded included the age and sex of the patient, the state and year in which the verdict was reached, defendant specialties, award payouts, and alleged reasons for malpractice. Case files were sorted into neurosurgical subspecialties based on the nature of the condition and the type of treatment administered. Results A total of 516 cases were identified, and 343 cases were analyzed. A defendant's verdict was reached in 165 (48.1%) cases, and a plaintiff's verdict was reached in 93 (27.1%) cases. A settlement was reached in 81 cases (23.6%). The median payout for plaintiff's verdicts was $2,550,000 (range, $80,000–$216,849,187), and that for settlements was $1,300,000 (range, $100,000–$13,300,000). Procedural error (45.5%), a failure to diagnose (41.4%), or a failure to treat (42.9%) were the most commonly cited reasons for litigation. Neurosurgeons accounted for 21.1% of defendants. The median plaintiff award payout was highest for pediatric cases ($10,100,000). Conclusions A defendant's verdict was reached in nearly one-half of the cases. In instances where a plaintiff's verdict was reached, large payouts were common, especially in pediatric and cerebrovascular cases. An emphasis on reducing procedural error, and making timely differential diagnoses, may reduce future litigation.

Original languageEnglish
Pages (from-to)e552-e559
JournalWorld Neurosurgery
Volume110
DOIs
StatePublished - Feb 2018

Bibliographical note

Publisher Copyright:
© 2017 Elsevier Inc.

Keywords

  • Legal liability
  • Litigation
  • Medical malpractice
  • Neurosurgery
  • Westlaw database

ASJC Scopus subject areas

  • Surgery
  • Clinical Neurology

Fingerprint

Dive into the research topics of 'Medical Malpractice in Neurosurgery: A Comprehensive Analysis'. Together they form a unique fingerprint.

Cite this