Published online Jan 9, 2022. doi: 10.5492/wjccm.v11.i1.40
Peer-review started: April 25, 2021
First decision: June 17, 2021
Revised: June 16, 2021
Accepted: November 21, 2021
Article in press: November 21, 2021
Published online: January 9, 2022
Processing time: 254 Days and 13.7 Hours
Medical negligence claims have presented an upward trend over the last decades worldwide, with hand and wrist liability representing a significant burden of orthopedic surgery lawsuits. Hand and wrist injuries are common, affecting mainly young and economically productive people. However, even small injuries may lead to long-term disability if treated inadequately, with affected people becoming unable to work, socialize and perform routine daily activities.
Literature addressing the issue of malpractice in hand and wrist surgery has been scarce, with most studies being performed in Europe and the United States. However, there are no studies related to liability in hand and wrist trauma and surgery in Greece.
The purpose of this study was to identify medical malpractice claims in hand and wrist surgery in Greece, to define the reasons for filing a claim and to define the reasons of successful litigations. Additionally, the results of the study were compared with the international malpractice data.
This is a retrospective study of all medical malpractice claims for hand and upper extremity surgery that went to a trial attributed to all surgical specialties in Greece over a 20-year period. Claims were further analyzed to identify claims related to hand and wrist trauma and surgery.
We presented six medical malpractice cases related to hand and wrist trauma that ended in a trial. Missed diagnosis and subsequent failure of initial management of the injury was the main reason for filing a claim. In half of the cases mismanagement resulted in complete or partial loss of a finger. Two cases are still open, two cases were closed in favor of the defendant, and two cases were closed in favor of the plaintiff with a mean compensation of €2000.
This is the first report of medical negligence claims related to hand and wrist trauma in Greece. A missed diagnosis of hand and wrist injury can result in long-term disability for a patient and has been the main reason for a malpractice claim. In the present study, missed diagnosis resulted in partial or complete loss of a finger in half of the cases.
Better understanding of the factors that lead to successful claims can result in the improvement of services to hand trauma patients and will help surgeons improve their practice to minimize legal implications and litigation.