Pecorari Isabella L, Ghosh Sayak, Lally Anne, Agarwal Vijay
Neurosurgery, Albert Einstein College of Medicine, Bronx, New York, USA.
Neurosurgery, Montefiore Medical Center, Bronx, New York, USA.
Trauma Surg Acute Care Open. 2025 May 30;10(2):e001462. doi: 10.1136/tsaco-2024-001462. eCollection 2025.
Subdural hematomas (SDHs) are a serious condition that can lead to high rates of morbidity and mortality. Given the prevalence of malpractice in healthcare, particularly among physicians who treat patients with high-risk conditions, the aim of this study was to analyze factors that impact litigation outcomes in cases pertaining to SDH.
The online legal database, Westlaw Edge, was used to identify cases related to malpractice and SDH between 1977 to 2023. Plaintiff demographics, geographic location, defendant specialties, reason for litigation, and trial outcomes were obtained.
Three hundred and fourteen cases were included in the analysis. The most common reason for litigation was negligent care in a healthcare setting resulting in SDH (55.4%), followed by failure to diagnose (47.1%). Trauma (74.8%) was the most common cause of SDH. The most frequently cited defendants were emergency medicine physicians (76.4%). Most cases ended in a jury verdict in favor of the defense (64.5%). The only factor that was associated with a significantly higher rate of plaintiff compared with defendant verdicts was premature hospital discharge (p=0.007). The mean settlement was $658 741.65, whereas the mean plaintiff verdict payment was $4402 261.63.
Emergency medicine physicians are the most likely specialty to be sued in cases of SDH. Failure to diagnose and negligent care resulting in a subdural bleed are the most common reasons for litigation pertaining to this condition. Juries are more likely to return a verdict in favor of the defense. However, settlements are often less costly for defendants in comparison to the payouts of cases that were ruled in favor of the plaintiff.
硬膜下血肿（SDH）是一种严重疾病，可导致高发病率和死亡率。鉴于医疗保健领域存在医疗事故，尤其是在治疗高危患者的医生中，本研究的目的是分析影响与SDH相关案件诉讼结果的因素。
使用在线法律数据库Westlaw Edge来识别1977年至2023年间与医疗事故和SDH相关的案件。获取了原告人口统计学信息、地理位置、被告专业、诉讼原因和审判结果。
分析纳入了314个案件。最常见的诉讼原因是医疗环境中的疏忽护理导致SDH（55.4%），其次是未能诊断（47.1%）。创伤（74.8%）是SDH最常见的原因。被引用最多的被告是急诊医学医生（76.4%）。大多数案件以陪审团作出有利于被告的裁决告终（64.5%）。与被告裁决相比，唯一与原告胜诉率显著较高相关的因素是过早出院（p = 0.007）。平均和解金额为658741.65美元，而原告胜诉的平均赔偿金额为4402261.63美元。
在SDH案件中，急诊医学医生是最有可能被起诉的专业。未能诊断和因硬膜下出血导致的疏忽护理是与该病症相关诉讼的最常见原因。陪审团更有可能作出有利于被告的裁决。然而，与判给原告的案件赔偿相比，和解对被告来说成本往往更低。
