Cancer Medical Malpractice Claims Against Orthopedic Surgeons: A study published on May 2, 2023 entitled “Critical Review of Oncologic Medical Malpractice Claims Against Orthopaedic Surgeons” was designed to determine the most common allegations for malpractice litigation brought against orthopedic surgeons for oncologic matters, and the resulting verdicts.
The study’s authors analyzed the Westlaw Legal research database for medical malpractice cases filed against orthopedic surgeons for oncologic matters in the United States after 1980. They found a total of 36 cases that met the inclusion and exclusion criteria for the study and were subsequently included in the final analysis. They found that the overall rate of cases filed remained consistent through the past four decades and was primarily related to a primary sarcoma diagnosis in adult women.
The primary reason for litigation was failure to diagnose a primary malignant sarcoma (42%) followed by failure to diagnose unrelated carcinoma (19%). The most common states of filing were primarily located in the Northeast (47%), where a plaintiff verdict was also more commonly encountered as compared with other regions. Damages awarded averaged $1,672,500 with a range of $134, 231 to $6,250,000 and a median of $918,750.
The study concluded that failure to diagnose primary malignant sarcoma and unrelated carcinoma was the most common reason for oncologic litigation brought against orthopedic surgeons. Although most of the cases ruled in favor of the defendant surgeon, it is important for orthopedic surgeons to be aware of the potential errors that not only prevent litigation but also improve patient care.
A study published in 2020 entitled “Delayed Diagnosis Is the Primary Cause of Sarcoma Litigation: Analysis of Malpractice Claims in the United States” analyzed a total of 92 cases related to sarcomas, of which 40 were related to bone sarcomas and 52 were related to soft-tissue sarcomas. Eighty-five percent (78 of 92) of cases involved adult patients while 15% (14 of 92) of cases involved pediatric patients.
Thirty-eight percent (35 of 92) of the included cases resulted in a defendant verdict, 30% (28 of 92) resulted in a plaintiff verdict, and 32% (29 of 92) resulted in a settlement. The median indemnity payment for plaintiff verdicts and settlements was $1.9 million. The median indemnity payments were higher for cases resulting in a plaintiff verdict than for cases that resulted in a settlement ($3.3 million versus $1.2 million). The most common reason for litigation was delayed diagnosis of sarcoma (91%; 84 of 92) while the most common injuries cited were progression to metastatic disease (51%; 47 of 92) and wrongful death (41%; 38 of 92).
Medical malpractice claims were most commonly filed against primary care physicians (26%; 28 of 109 defendants), nononcology-trained orthopedic surgeons (23%; 25 of 109), and radiologists (15%; 16 of 109). Cases were more likely to result in a ruling in favor of the plaintiff or settlement if a delay in diagnosis occurred despite suspicious findings on imaging or pathologic findings (80% versus 51%). There were no differences in indemnity payments with the numbers available in terms of tumor type, tumor location, defendant specialty, reason for litigation, and resulting injuries.
If you or a loved one may have been harmed as a result of cancer misdiagnosis in the United States, you should promptly find a cancer medical malpractice lawyer in your state who may investigate your cancer medical negligence claim for you and represent you or your loved one in a cancer medical malpractice case, if appropriate.
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