Phair John, Carnevale Matthew, Scher Larry A, Garg Karan
Department of Vascular Surgery, Mount Sinai Medical Center, New York, NY.
Division of Vascular Surgery, Montefiore Medical Center, Bronx, NY.
Ann Vasc Surg. 2020 Aug;67:143-147. doi: 10.1016/j.avsg.2020.04.012. Epub 2020 Apr 25.
The aim of this study was to analyze litigation involving compartment syndrome to identify the causes and outcomes of such malpractice suits. A better understanding of such litigation may provide insight into areas where clinicians may make improvements in the delivery of care.
Jury verdict reviews from the Westlaw database from January 1, 2010 to January 1, 2018 were reviewed. The search term "compartment syndrome" was used to identify cases and extract data on the specialty of the physician defendant, the demographics of the plaintiff, the allegation, and the verdict.
A total of 124 individual cases involving the diagnosis of compartment syndrome were identified. Medical centers or the hospital was included as a defendant in 51.6% of cases. The most frequent physician defendants were orthopedic surgeons (45.96%) and emergency medicine physicians (20.16%), followed by cardiothoracic/vascular surgeons (16.93%). Failure to diagnose was the most frequently cited claim (71.8% of cases). Most plaintiffs were men, with a mean age of 36.7 years, suffering injuries for an average of 5 years before their verdict. Traumatic compartment syndrome of the lower extremity causing nerve damage was the most common complication attributed to failure to diagnose, leading to litigation. Forty cases (32.25%) were found for the plaintiff or settled, with an average award of $1,553,993.66.
Our study offers a brief overview of the most common defendants, plaintiffs, and injuries involved in legal disputes involving compartment syndrome. Orthopedic surgeons were most commonly named; however, vascular surgeons may also be involved in these cases because of the large number of cases with associated arterial involvement. A significant percentage of cases were plaintiff verdicts or settled cases. Failure to diagnosis or delay in treatment was the most common causes of malpractice litigation. Compartment syndrome is a clinical diagnosis and requires a high level of suspicion for a timely diagnosis. Lack of objective criteria for diagnosis increases the chances of medical errors and makes it an area vulnerable to litigation.
本研究旨在分析涉及骨筋膜室综合征的诉讼案件，以确定此类医疗事故诉讼的原因和结果。更好地了解此类诉讼可能有助于洞察临床医生在提供医疗服务方面可改进的领域。
回顾了Westlaw数据库中2010年1月1日至2018年1月1日的陪审团裁决记录。使用搜索词“骨筋膜室综合征”来识别案件，并提取关于被告医生专业、原告人口统计学特征、指控和裁决的数据。
共识别出124例涉及骨筋膜室综合征诊断的个体病例。51.6%的案件将医疗中心或医院列为被告。最常见的被告医生是骨科医生（45.96%）和急诊医学医生（20.16%），其次是心胸/血管外科医生（16.93%）。未能做出诊断是最常被提及的指控（71.8%的案件）。大多数原告为男性，平均年龄36.7岁，在裁决前平均受伤5年。因未能做出诊断导致的最常见并发症是下肢创伤性骨筋膜室综合征伴神经损伤，进而引发诉讼。40例（32.25%）案件判定原告胜诉或达成和解，平均赔偿金额为1,553,993.66美元。
我们的研究简要概述了涉及骨筋膜室综合征法律纠纷中最常见的被告、原告和损伤情况。骨科医生被提及的频率最高；然而，血管外科医生也可能参与这些案件，因为有大量病例伴有动脉受累。相当比例的案件是原告胜诉或和解案件。未能做出诊断或治疗延迟是医疗事故诉讼最常见的原因。骨筋膜室综合征是一种临床诊断，需要高度怀疑才能及时诊断。缺乏客观的诊断标准增加了医疗差错的可能性，使其成为易引发诉讼的领域。
