Can spinal surgery in England be saved from litigation: a review of 978 clinical negligence claims against the NHS

European Spine Journal : Official Publication of the European Spine Society, the European Spinal Deformity Society, and the European Section of the Cervical Spine Research Society
John T MachinMike Hutton

Abstract

The aim of this study is to evaluate the true incidence of all clinical negligence claims against spinal surgery performed by orthopaedic spinal surgeons and neurosurgeons in the National Health Service (NHS) in England, including both open and closed claims. This study was a retrospective review of 978 clinical negligence claims held by NHS Resolution against spinal surgery cases identified from claims against 'Neurosurgery' and 'Orthopaedic Surgery'. This category included all emergency, trauma and elective work and all open and closed cases without exclusion between April 2012 and April 2017. Clinical negligence claims in spinal surgery were estimated to cost £535.5 million over this five-year period. There is a trend of both increasing volume and estimated costs of claims. The most common causes for claims were 'judgement/timing' (512 claims, 52.35%), 'interpretation of results/clinical picture' (255 claims, 26.07%), 'unsatisfactory outcome to surgery' (192 claims, 19.63%), 'fail to warn/informed consent' (80 claims, 8.13%) and 'never events' including 'wrong site surgery' or 'retained instrument post-operation' (26 claims, 2.66%). A sub-analysis of 3 years including 574 claims revealed the most prevalent pathologies were i...Continue Reading

References

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Feb 25, 2015·The Spine Journal : Official Journal of the North American Spine Society·Timothy GermonAm Rai
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Citations

Dec 7, 2019·Health Expectations : an International Journal of Public Participation in Health Care and Health Policy·Donna L LittlewoodNavneet Kapur
Mar 4, 2020·BMJ : British Medical Journal·Christopher Wai Hung YauTim Draycott
Jul 28, 2020·European Journal of Orthopaedic Surgery & Traumatology : Orthopédie Traumatologie·Fay R K SandersTim Schepers
Apr 2, 2019·The Bone & Joint Journal·N V Todd, N C Birch
Oct 7, 2020·ANZ Journal of Surgery·Angela Li Ching NgKevin Seex
Mar 9, 2021·Annals of the Royal College of Surgeons of England·J WoodfieldI Hoeritzauer
Jul 6, 2021·Surgical Neurology International·Nancy Epstein
Jul 11, 2021·World Neurosurgery·Sandeep KandregulaUNKNOWN Council of State Neurosurgical Societies
Aug 9, 2021·The British Journal of Oral & Maxillofacial Surgery·A AhmedR Elledge
Sep 15, 2021·Global Spine Journal·Lei YueChun-De Li
Nov 2, 2020·Neurosurgical Focus·Nathan A ShlobinSandi Lam

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