Medical malpractice in pediatric surgery: an analysis of Supreme Court decisions involving physicians

BACKGROUND:
In pediatric surgical practice, physicians may face malpractice claims leading to substantial compensations and even criminal liability.


OBJECTIVES:
To examine the legal processes and responsibilities of physicians by reviewing Supreme Court decisions related to malpractice claims involving pediatric surgeons.


DESIGN AND SETTINGS:
A retrospective study based on the online archive of Supreme Court decisions.


PATIENTS AND METHODS:
A search was conducted using keywords from the Supreme Court decision search engine. Decisions were reached regarding malpractice claims involving pediatric surgery.


MAIN OUTCOMES MEASURES:
The medical procedure that was the subject of the malpractice claim, the resulting damage, the expertise of the physicians, and the reasons for the Supreme Court's reversal and approval were evaluated.


SAMPLE SIZE:
82 Supreme Court decisions


RESULTS:
Among 82 decisions, circumcision (46%; n=38) was the most common. Appendicitis and testicular torsion followed. Total/subtotal penile amputation was present in 40% (n=15) of circumcisions. Half of the appendicitis cases resulted in death, and all testicular torsion cases resulted in organ loss. General surgeons were the most frequent physicians involved in litigation, accounting for 16% of cases (n=13), followed by pediatric surgeons and general practitioners, each accounting for 15% of cases (n=12). Supreme Courts found physicians at fault in 35% of criminal cases and 38% of civil cases. Deficiencies in expert reports were the reason for reversals in 42% of the decisions.


CONCLUSION:
Supreme Courts conduct comprehensive evaluations in malpractice cases, considering factors such as indication, authority, fault status, complication management, and causal link. Physicians' understanding of these issues will significantly contribute to minimizing malpractice claims.


LIMITATIONS:
Retrospective study