Roei Golan1, Manish Kuchakulla2, Arjun Watane3, Raghuram Reddy4, Ravi Parikh5, Ranjith Ramasamy6. 1. Department of Clinical Sciences, Florida State University College of Medicine, Tallahassee, FL. 2. Department of Urology, Weill-Cornell Medical College, New York, NY. 3. Department of Ophthalmology, Yale School of Medicine, New Haven, CT. 4. Desai Sethi Urology Institute, University of Miami Miller School of Medicine, Miami, FL. 5. Manhattan Retina and Eye Consultants, New York, NY; Department of Ophthalmology, New York University Langone Health, New York, NY. 6. Desai Sethi Urology Institute, University of Miami Miller School of Medicine, Miami, FL. Electronic address: Ramasamy@miami.edu.
Abstract
OBJECTIVE: To distinguish the various characteristics of medical malpractice lawsuits involving trainees to prevent future litigation. METHODS: LexisNexis, an online legal research database containing legal records from the United States, was retrospectively reviewed for malpractice cases involving urology interns, residents, or fellows from January 1, 1988 to December 31, 2020. RESULTS: A total of 16 cases were included, of which 7 (43.8%) involved urological allegations while 9 (56.2%) involved non-urological allegations. 5 of the cases consisting of non-urological adverse outcomes led to mortality. Procedural error was claimed in 12 (75.0%) cases, negligence in 7 (43.8%), delayed evaluation in 6 (37.5%), lack of informed consent of procedure or complications in 5 (31.2.%), failure to pursue treatment in 4 (25.0%), inexperienced trainee in 2 (12.5%), failure to supervise trainee in 2, lack of informed consent of trainee involvement in 1, incorrect diagnosis in 1, and prolonged operative time in 1 case. CONCLUSION: Malpractice education, careful supervision, awareness during perioperative care, and detailed communication between patients and physicians should be highlighted in training programs to improve patient outcomes and mitigate risk of future malpractice.
OBJECTIVE: To distinguish the various characteristics of medical malpractice lawsuits involving trainees to prevent future litigation. METHODS: LexisNexis, an online legal research database containing legal records from the United States, was retrospectively reviewed for malpractice cases involving urology interns, residents, or fellows from January 1, 1988 to December 31, 2020. RESULTS: A total of 16 cases were included, of which 7 (43.8%) involved urological allegations while 9 (56.2%) involved non-urological allegations. 5 of the cases consisting of non-urological adverse outcomes led to mortality. Procedural error was claimed in 12 (75.0%) cases, negligence in 7 (43.8%), delayed evaluation in 6 (37.5%), lack of informed consent of procedure or complications in 5 (31.2.%), failure to pursue treatment in 4 (25.0%), inexperienced trainee in 2 (12.5%), failure to supervise trainee in 2, lack of informed consent of trainee involvement in 1, incorrect diagnosis in 1, and prolonged operative time in 1 case. CONCLUSION: Malpractice education, careful supervision, awareness during perioperative care, and detailed communication between patients and physicians should be highlighted in training programs to improve patient outcomes and mitigate risk of future malpractice.
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