ABSTRACT
Background: Hip 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 Methods: The 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. Results: A 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.
Megalla, Martinus and Grace, Zachary T and Baldino, Joshua B and Hahn, Alexander K and Anfuso, Matthew and Mumtaz, Shiraz and Lindsay, Adam D, A Comprehensive Analysis of Malpractice Claims Following Management of Hip Fractures.
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