Clinical negligence in foot and ankle surgery

NewsBot · Nov 6, 2014

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Clinical negligence in foot and ankle surgery: A 17-year review of claims to the NHS Litigation Authority
J Ring, C. L. Talbot, and T. M. Clough
Bone Joint J November 2014 96-B:1510-1514.

We present a review of litigation claims relating to foot and ankle surgery in the NHS in England during the 17-year period between 1995 and 2012.

A freedom of information request was made to obtain data from the NHS litigation authority (NHSLA) relating to orthopaedic claims, and the foot and ankle claims were reviewed.

During this period of time, a total of 10 273 orthopaedic claims were made, of which 1294 (12.6%) were related to the foot and ankle. 1036 were closed, which comprised of 1104 specific complaints. Analysis was performed using the complaints as the denominator. The cost of settling these claims was more than £36 million.

There were 372 complaints (33.7%) involving the ankle, of which 273 (73.4%) were related to trauma. Conditions affecting the first ray accounted for 236 (21.4%), of which 232 (98.3%) concerned elective practice. Overall, claims due to diagnostic errors accounted for 210 (19.0%) complaints, 208 (18.8%) from alleged incompetent surgery and 149 (13.5%) from alleged mismanagement.

Our findings show that the incorrect, delayed or missed diagnosis of conditions affecting the foot and ankle is a key area for improvement, especially in trauma practice.
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NewsBot · Jan 16, 2022

Litigation after hallux valgus surgery in France between 2000 and 2020: a review of the two national legal research databases
GrégoireRougereaua1ThibautMarty-DiloybGuillaumeRougereaucPhilippeBoisrenoultdTristanLanglaise
Foot and Ankle Surgery; 13 January 2022

Background
The objectives of this review were to: 1) describe reasons for lawsuits following primary hallux valgus surgery in France from 2000 to 2020; 2) to compare private and public practice.

Methods
Civil (private practice) and administrative (public practice) court decisions in France between 2000 and 2020 were collected using the two leading legal data sources (Legifrance, Doctrine).

Results
Seventy-two court decisions related to hallux valgus surgery were included. An appeal was filed in 93% of cases. Finally, 70.8% of the verdicts were in favour of the complainants. The average compensation awarded to a plaintiff was €55,333. The main reasons for complaint after hallux valgus surgery were: a failure to provide preoperative information (47.2%), post-operative pain/stiffness (38.9%), and infection (30.6%). A proven lack of information increased the risk of recognizing the occurrence of post-operative pain and stiffness as faulty from 13.3% to 61.5% (p=0.01), and the average compensation from €25,330 to €76,716 (p=0.04). The duration of the procedure was about 1.5 years longer in civil proceedings (p=0.04). There was no significant difference between private and public activity litigation.

Conclusion
Clear and adapted patient information and its traceability could be a way to reduce the number of complaints and their consequences in case of disappointing results.
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