TY - JOUR
T1 - Medical malpractice in the management of small bowel obstruction
T2 - A 33-year review of case law
AU - Choudhry, Asad J.
AU - Haddad, Nadeem N.
AU - Rivera, Mariela
AU - Morris, David S.
AU - Zietlow, Scott P.
AU - Schiller, Henry J.
AU - Jenkins, Donald H.
AU - Chowdhury, Naadia M.
AU - Zielinski, Martin D.
N1 - Publisher Copyright:
© 2016 Elsevier Inc.
PY - 2016/10/1
Y1 - 2016/10/1
N2 - Background Annually, 15% of practicing general surgeons face a malpractice claim. Small bowel obstruction accounts for 12–16% of all surgical admissions. Our objective was to analyze malpractice related to small bowel obstruction. Methods Using the search terms “medical malpractice” and “small bowel obstruction,” we searched through all jury verdicts and settlements for Westlaw. Information was collected on case demographics, alleged reasons for malpractice, and case outcomes. Results The search criteria yielded 359 initial case briefs; 156 met inclusion criteria. The most common reason for litigation was failure to diagnose and timely manage the small bowel obstruction (69%, n = 107). Overall, 54% (n = 84) of cases were decided in favor of the defendant (physician). Mortality was noted in 61% (n = 96) of cases. Eighty-six percent (42/49) of cases litigated as a result of failing to diagnose and manage the small bowel obstruction in a timely manner, resulting in patient mortality, had a verdict with an award payout for the plaintiff (patient). The median award payout was $1,136,220 (range, $29,575–$12,535,000). Conclusion A majority of malpractice cases were decided in favor of the defendants; however, cases with an award payout were costly. Timely intervention may prevent a substantial number of medical malpractice lawsuits in small bowel obstruction, arguing in favor of small bowel obstruction management protocols.
AB - Background Annually, 15% of practicing general surgeons face a malpractice claim. Small bowel obstruction accounts for 12–16% of all surgical admissions. Our objective was to analyze malpractice related to small bowel obstruction. Methods Using the search terms “medical malpractice” and “small bowel obstruction,” we searched through all jury verdicts and settlements for Westlaw. Information was collected on case demographics, alleged reasons for malpractice, and case outcomes. Results The search criteria yielded 359 initial case briefs; 156 met inclusion criteria. The most common reason for litigation was failure to diagnose and timely manage the small bowel obstruction (69%, n = 107). Overall, 54% (n = 84) of cases were decided in favor of the defendant (physician). Mortality was noted in 61% (n = 96) of cases. Eighty-six percent (42/49) of cases litigated as a result of failing to diagnose and manage the small bowel obstruction in a timely manner, resulting in patient mortality, had a verdict with an award payout for the plaintiff (patient). The median award payout was $1,136,220 (range, $29,575–$12,535,000). Conclusion A majority of malpractice cases were decided in favor of the defendants; however, cases with an award payout were costly. Timely intervention may prevent a substantial number of medical malpractice lawsuits in small bowel obstruction, arguing in favor of small bowel obstruction management protocols.
UR - http://www.scopus.com/inward/record.url?scp=84994715816&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=84994715816&partnerID=8YFLogxK
U2 - 10.1016/j.surg.2016.06.031
DO - 10.1016/j.surg.2016.06.031
M3 - Article
C2 - 27542436
AN - SCOPUS:84994715816
SN - 0039-6060
VL - 160
SP - 1017
EP - 1027
JO - Surgery (United States)
JF - Surgery (United States)
IS - 4
ER -