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    Medical malpractice in stress urinary incontinence management: A 30-year legal database review

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    Author
    Lynch, Niccola B
    Xu, Linhan
    Ambinder, David
    Malik, Rena D
    Date
    2021-08-02
    Journal
    Current Urology
    Publisher
    Wolters Kluwer Health
    Type
    Article
    
    Metadata
    Show full item record
    See at
    https://doi.org/10.1097/CU9.0000000000000033
    http://www.ncbi.nlm.nih.gov/pmc/articles/pmc8451321/
    Abstract
    Background: The purpose of this study is to investigate the most common reasons for and judicial outcomes of malpractice claims related to stress urinary incontinence (SUI) management. Materials and methods: Using the Westlaw database, a search was performed using the terms "medical malpractice" or "negligence" in combination with "stress incontinence" or "stress urinary incontinence" between January 1, 1990 and January 1, 2020. Extracted information included trial date, demographic information, defendant profession, procedure performed, procedure complications, alleged malpractice, trial outcome, and monetary award. Data were analyzed using descriptive statistics. Results: The Westlaw search yielded 79 case results. Of the cases, 70.4% (n = 38/54) had a defense verdict, 22.2% (n = 12/54) had a plaintiff verdict, and 7.4% (n = 4/54) were settled. The most commonly implicated procedure was mid-urethral sling (63.2%, n = 36/57). Among the plaintiffs, 48.4% (n = 61/126) claimed negligence in preoperative care, 33.3% (n = 42/126) claimed negligence in surgical performance, and 18.3% (n = 23/126) claimed negligence in postoperative care. Lack of informed consent was the most common complaint related to negligence in preoperative care (42.6%, n = 26/61). The average indemnity payment was $1,253,644 for preoperative care negligence, $1,254,491 for surgical performance negligence, and $2,239,198 for postoperative care negligence. Of the defendants, 63.4% (n = 52) were gynecologists and 36.6% (n = 30) were urologists. Conclusions: Negligent preoperative care, with a particular emphasis on failure to obtain informed consent, and negligent surgical performance are the leading causes of malpractice claims during SUI management. Mid-urethral sling was the most commonly litigated procedure. This study highlights key factors to consider in minimizing malpractice risk during SUI management.
    Rights/Terms
    Copyright © 2021 The Authors. Published by Wolters Kluwer Health, Inc.
    Keyword
    Litigation
    Malpractice
    Mid-urethral sling
    Stress urinary incontinence
    Westlaw legal review
    Identifier to cite or link to this item
    http://hdl.handle.net/10713/16797
    ae974a485f413a2113503eed53cd6c53
    10.1097/CU9.0000000000000033
    Scopus Count
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