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A Comprehensive Analysis of Malpractice Claims Following Management of Hip Fractures

Year: 2025
Type: article
Abstract: BackgroundHip fractures are highly prevalent and associated with significant morbidity and mortality. As a result, orthopedic surgeons treating these patients may find themselves subject to malpractice claims. Therefore, this study aimed to provide a comprehensive analysis of malpractice claims related to hip fractures.Materials and MethodsThe Westlaw legal database was queried for all malpractice cases involving hip fractures from 1978 to 2020. Demographic data, monetary payouts, reasons for litigation, and case outcomes were analyzed.ResultsA total of 80 cases were included with a mean plaintiff age of 58 years and 60% female. Fifty-five cases (69%) resulted in a defendant verdict, while 25 cases (31%) resulted in a plaintiff verdict/settlement. The most common reasons for litigation were procedural/intraoperative errors (52, 65%), need for additional surgery (40, 50%), functional limitation (27, 34%), and continued/worsened pain (24, 30%). Multivariable logistic regression modeling showed that only diagnostic error was significantly associated with a plaintiff verdict (OR 12.57, 95% CI [1.82, 86.66], p=0.01 Inflation-adjusted indemnity payments for cases resulting in plaintiff verdict/settlement ranged from $83,404 to $10,424,587, with 96% of these involving monetary awards greater than $100,000.Conclusions:Diagnostic error was the only variable associated with a plaintiff verdict in this analysis, reinforcing the importance of timely and accurate diagnosis to allow for appropriate treatment. Monetary awards to plaintiffs ranged widely from $86,000 to over $10 million, however more than two-thirds of cases resulted in a verdict in favor of the defendant.
Language: English
Subfield: Pharmacy
Open Access status: green
OpenAlex ID: W7122625373
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