Am J Surg. 2012 Nov;204(5):800-2. doi: 10.1016/j.amjsurg.2011.06.009. Epub 2011 Aug 26.
Risk for a lawsuit for medical malpractice has unfortunately become part of physicians' daily professional activities, with a blowout in indemnity insurance premiums, especially in high-risk medical specialties. Common bile duct injury following laparoscopic cholecystectomy is a well-recognized and feared complication for surgeons because of its associated morbidity, and it also ranks among the leading sources of medical malpractice claims against surgeons in the world. The purpose of this article is to raise awareness within the medical community and in particular among specialist surgeons on the important threat they could be facing in terms of litigation in the event of an adverse surgical outcome following such a commonly performed procedure. There is a real need for open debate on this concerning topic, as the fear of lawsuits and exorbitant malpractice premiums are pushing a substantial number of medical professionals to practice defensive medicine, reflected by the avoidance of performing certain procedures or treating high-risk patients perceived to have higher litigation rates, or simply walking away from their current practices, creating a chronic shortage of specialized doctors in certain surgical areas.
医疗事故诉讼的风险不幸已成为医生日常专业活动的一部分，赔偿保险费大幅上涨，尤其是在高风险的医学专业领域。腹腔镜胆囊切除术后发生胆总管损伤是外科医生公认且害怕的并发症，因为其相关发病率高，也是全球外科医生医疗事故诉讼的主要原因之一。本文旨在提高医学界，特别是专科外科医生的认识，如果这种常见手术的手术结果不佳，他们可能会面临诉讼的重要威胁。就这一相关话题进行公开辩论非常有必要，因为对诉讼的恐惧和过高的医疗事故保险费促使大量医务人员采取防御性医疗，具体表现为避免进行某些程序或治疗被认为诉讼率更高的高危患者，或者干脆放弃当前的行医方式，导致某些外科领域的专科医生长期短缺。
