Characteristics and Burden of Diagnostic Error-Related Malpractice Claims in Neurosurgery

World Neurosurg. 2021 Apr:148:e35-e42. doi: 10.1016/j.wneu.2020.11.159. Epub 2020 Dec 5.

Abstract

Background: Neurosurgery is a specialty associated with high risk of malpractice claims, which can be influenced by quality and safety of care. Diagnostic errors have gained increasing attention as a potentially preventable problem. Despite the burden of diagnostic errors, few studies have analyzed diagnostic errors in neurosurgery. We aimed to delineate the effect of diagnostic errors on malpractice claims involving a neurosurgeon.

Methods: This retrospective study used the national Japanese malpractice claims database and included cases closed between 1961 and 2017. To examine the effect of diagnostic errors in neurosurgery, we compared diagnostic error-related claims (DERCs) with non-DERCs in indemnity, clinical outcomes, and factors relating to neurosurgeons.

Results: There were 95 closed malpractice claims involving neurosurgeons during the study period. Of these claims, 36 (37.9%, 95% confidence interval [CI] 28.7%-47.9%) were DERCs. Patient death was the most common outcome associated with DERCs. Wrong, delayed, and missed diagnosis occurred in 25 (69.4%, 95% CI 53.1%-82.0%), 4 (11.1%, 95% CI 4.4%-25.3%), and 7 (19.4%, 95% CI 9.8%-35.0%) cases, respectively. The most common presenting medical condition in DERCs was stroke. Subarachnoid hemorrhage, accounting for 85.7% of stroke cases, led to 27.8% of the total indemnity paid in DERCs.

Conclusions: DERCs are associated with higher numbers of accepted claims and worse outcomes. Identifying diagnostic errors is important in neurosurgery, and countermeasures are required to reduce the burden on neurosurgeons and improve quality. This is the first study to focus on diagnostic errors in malpractice claims arising from neurosurgery.

Keywords: Diagnostic error; Medical error; Medical malpractice claims; Neurosurgery.

MeSH terms

  • Adult
  • Diagnostic Errors / adverse effects
  • Diagnostic Errors / trends*
  • Female
  • Humans
  • Insurance Claim Review / trends*
  • Japan / epidemiology
  • Male
  • Malpractice / trends*
  • Medical Errors / adverse effects
  • Medical Errors / trends
  • Middle Aged
  • Neurosurgeons / trends*
  • Neurosurgery / trends
  • Neurosurgical Procedures / adverse effects
  • Neurosurgical Procedures / trends*
  • Retrospective Studies