Thoracic Surgery Litigation: Analysis Using the Westlaw Legal Database

• Published in: Annals of thoracic surgery short reports 2024-03, Vol.2 (1), p.156-160
• Main Authors: van Nispen, Johan A., van Nispen, Andrew H., Bettag, Jeffery, Giakas, Julian A., Connor, Patrick, Barqawi, Zuhair, Lok, Justin, Po, Loren, Cahill, Anne T., Demos, Daniel, Manning, Eddie
• Format: Article
• Language: English
• ISSN: 2772-9931; 2772-9931
• DOI: 10.1016/j.atssr.2023.11.005

In the United States, medical malpractice bears a significant financial risk associated with surgery, particularly in the field of cardiothoracic surgery. Approximately 18.9% of cardiothoracic surgeons face litigation. We report an analysis of litigation in thoracic surgery. The Westlaw legal database was used to identify thoracic surgery cases. Search terms were identified for various thoracic procedures. Case characteristics were analyzed. Medical malpractice in thoracic surgery results in a median payout of $1,183,000 million for plaintiff verdicts and a mean settlement award of $550,000. Outcomes of litigation are variable. Geographic location does not play a significant role in litigation. Thoracic surgeons in New York, California, Florida, and Illinois faced the most lawsuits. Intraoperative or procedural error and inadequate informed consent accounted for 52% of all cases. Attempts to increase patient understanding and education may be beneficial for reducing litigation. Analysis of why New York, California, and Illinois are highly litigious is warranted. Future analysis would also be useful to evaluate whether advances in techniques, such as robotic or thoracoscopic approaches, are associated with reduced incidence of litigation.